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When you sell privately on the MLS®, you choose the cooperating commission offered to the buyer’s agent. You can set any amount you like, and many sellers offer 2% to 2.5%. It’s shown on your MLS® listing and paid at closing.
Your options:
- Offer a common amount. Many sellers offer 2% to 2.5%, which buyers’ agents will recognize.
- Offer a lower amount or a flat dollar figure. You can set any amount you like. Weigh it against how many buyers’ agents you want to attract.
- Negotiate offer by offer. If a buyer’s agent asks for more in a remuneration clause, you can accept, change or strike it out (see below).
- Skip the listing commission. With a flat fee listing there’s no commission to the listing brokerage. Pricing is as low as $16.49/month on our 12-month plan ($197.93 + HST). See flat fee MLS pricing in Ontario.
How it works in Ontario: a buyer’s agent is paid under the buyer’s own agreement with their brokerage. What a seller contributes is set in writing, through the cooperating commission on the MLS® listing or a remuneration clause in the agreement of purchase and sale. Any MLS® listing must also show a cooperating offer, so check yours.
Who pays the buyer’s agent in Ontario now?
Start with the buyer’s side. Under the Trust in Real Estate Services Act (TRESA), a buyer working with a brokerage signs a representation agreement. RECO’s TRESA FAQs say that agreement must clearly identify how the buyer’s fee will be worked out. In other words, the buyer has already agreed to pay their own agent.
RECO’s information guide explains the seller’s side: a seller’s agreement sets out what the seller pays their own brokerage and what, if anything, they’ll pay toward the buyer’s brokerage. The guide even warns buyers that a seller might not offer anything. So the fee is a negotiated cost, not a fixed one.
How does a private seller end up paying a buyer’s agent?
Usually it comes up in the offer. A buyer’s agent who wants the seller to cover part or all of their fee can ask for it in a remuneration clause in the agreement of purchase and sale (APS). RECO’s FAQs and Bulletin 6.2 say this works for self-represented and mere posting sellers. The clause is an agreement between the buyer and the seller, so you can accept it, change it or strike it out.
Bulletin 6.2 lists five things a proper remuneration clause should cover:
| Component | What it should say |
|---|---|
| Parties | Who is agreeing (the buyer and the seller) |
| Purpose | That the seller is covering some or all of the buyer’s brokerage fee |
| Amount | A dollar figure or percentage, and how taxes are handled |
| Timing | When it’s paid, for example on closing |
| Payment | Who pays and who receives the money |
The bulletin also notes the clause isn’t a “cash back” to the buyer. If the seller covers less than the buyer owes their brokerage, the buyer pays the difference under their own agreement.
Does listing on MLS® change the answer?
A little. CREA’s MLS® rules require the listing REALTOR® to offer compensation to the cooperating (buyer’s) brokerage on every MLS® listing. CREA reaffirmed the rule in October 2025, and the Competition Bureau is investigating CREA’s commission rules. So if your home is on MLS®, some cooperating amount will appear on the listing. Ask your listing service what that amount is and who is responsible for it.
On ListedBySeller.ca listings: there’s no commission to the listing brokerage, and our FAQ explains that you can negotiate directly with a buyer’s brokerage. You set the cooperating commission shown on your MLS® listing: you can set any amount you like, and many sellers offer 2% to 2.5%. It’s paid at closing.
Should you offer to pay the buyer’s agent anyway?
It’s a business decision. Some points to weigh:
- Most buyers use an agent. RECO says very few buyers or sellers choose to represent themselves (RECO). Your likely buyer has signed an agreement with their brokerage and may want help paying it.
- It’s net price that matters. An offer at $800,000 that asks you to cover a fee may net you less than a $790,000 offer that doesn’t. Compare what you actually receive on closing.
- Agents can’t legally steer. RECO says steering clients based on commission breaches TRESA, with fines up to $50,000 for individuals and $100,000 for brokerages (RECO). That limits, but may not remove, the effect of offering less.
- You can decide offer by offer. A remuneration clause can be negotiated on each offer, rather than promised in advance to everyone.
What should you do when an offer asks you to pay?
- Read the remuneration clause and check that it covers all five components above.
- Work out your net proceeds with and without it.
- Counter if needed, for example with a lower amount or a fixed dollar figure.
- Have your real estate lawyer review the APS before you sign. RECO recommends independent advice for sellers without an agent.
- Don’t share your bottom line with the buyer’s agent. RECO notes they must pass on what you tell them to their client.
Need offer documents? We provide free agreement templates and an optional agreement preparation service. For the basics, see what a mere posting is and how commission works in Ontario.
How to avoid paying buyer agent commission?
On an MLS® listing you can’t remove it entirely. As explained above, CREA’s MLS® rules require a cooperating offer on every MLS® listing. What you can control is the amount and your other costs:
- Set the amount yourself. You can set any amount you like; many sellers offer 2% to 2.5%.
- Negotiate each offer. Compare your net proceeds with and without any remuneration clause, and counter if needed.
- Buyers without an agent. The cooperating commission is offered to a buyer’s brokerage. If a buyer comes to you without one, confirm with your lawyer how your listing and agreement handle it.
- Avoid the listing commission instead. A flat fee listing has no commission to the listing brokerage, as low as $16.49/month on our 12-month plan. See our pricing.
Do buyers pay realtor fees in Ontario?
They can. Under TRESA, a buyer who works with a brokerage signs a representation agreement that sets out how their brokerage will be paid (RECO’s TRESA FAQs). The seller’s cooperating commission often covers some or all of that fee. If it covers less than the buyer agreed to pay, the buyer pays the difference under their own agreement, as RECO’s Bulletin 6.2 notes.
What happens if a buyer does not have an agent?
The buyer represents themselves and deals with you directly. RECO’s page on representing yourself explains that a self-represented buyer or seller is responsible for their own price, terms and paperwork, and it recommends independent professional advice. Each side still uses its own lawyer to close, and on listedbyseller.ca listings your lawyer holds the buyer’s deposit. Because the cooperating commission is offered to a buyer’s brokerage, check with your lawyer how your listing and agreement apply when there isn’t one.
Frequently asked questions
Can a buyer’s agent make me pay their commission?
No one can make you agree to more than you’ve offered. The cooperating commission shown on your MLS® listing is what you’ve offered. If a buyer’s agent asks for more in the offer, you can accept, refuse or counter. What you sign is what counts.
What is a remuneration clause?
A clause in the agreement of purchase and sale where the seller agrees to pay some or all of the buyer’s brokerage fee. RECO says it should state the parties, purpose, amount and taxes, timing, and who pays whom.
Is the remuneration clause a cash-back to the buyer?
No. RECO’s Bulletin 6.2 is clear that it is not a “cash back” arrangement. It covers the buyer’s brokerage fee, and the buyer stays responsible for any part the seller doesn’t cover.
Will buyers’ agents skip my listing if I offer less?
They aren’t allowed to. RECO says steering clients based on commission breaches TRESA. Agents must show buyers every property that meets their criteria, whatever the fee.
Do I pay commission to ListedBySeller.ca’s listing brokerage?
No. Our packages are flat fees with no commission to the listing brokerage. What you offer a buyer’s brokerage is a separate decision. You set the cooperating commission shown on your MLS® listing. You can set any amount you like, and many sellers offer 2% to 2.5%.
Should I get legal advice before agreeing?
It’s wise. Have your real estate lawyer review any remuneration clause, and the whole offer, before you sign. RECO also recommends independent advice for sellers without an agent.
Sources
All sources below were checked on October 23, 2026. Rules and rates change, so confirm anything important with the source or a professional.
- RECO: TRESA FAQs
- RECO Bulletin 6.2: Remuneration clause in an agreement of purchase and sale
- RECO Information Guide (Real Estate Council of Ontario)
- RECO: Concerns about steering based on commission (revised May 2025)
- RECO: Know the risks of representing yourself
- CREA By-Laws and Rules (approved April 2025), Rule 11.2
- CREA statement, October 15, 2025
- Competition Bureau Canada: call-out for information on CREA’s commission rules and Cooperation Policy
