How Some Brokerages Are Quietly Undermining Your Sale — And What Smart Vermont Sellers Need to Know

By Tony Walton

Let’s Start with the Truth: Your Home May Be Invisible Before Anyone Sees It

You sign the listing agreement. You expect marketing, exposure, and showings. But here’s what no one tells you: some brokerages are undermining your sale before your home ever hits the market.

The culprit? Quiet commission games that chip away at one of the most effective forces in real estate: broker reciprocity.

You paid to be seen. But they made you invisible.

The Old Way: Cooperation = Competition

  • You hired a Realtor.
  • You agreed to a commission for the sale.
  • Your Realtor shared a portion with any buyer’s agent who brought a qualified offer.
  • That offer of compensation was published in the MLS, so buyer agents knew they’d be fairly paid.

Ostensibly? More showings. More competition. Higher sale prices.

It worked because it was clear. It worked because it was fair. It worked because your Realtor wasn’t trying to play both sides.

It wasn’t charity. It was leverage. And it worked.

The New Reality: Post‑Sitzer Friction

The Sitzer/Burnett lawsuit didn’t outlaw commissions — but it triggered a fundamental shift in how they’re disclosed and negotiated.

Today:

  • Buyer agent compensation is no longer shown in the MLS.
  • Sellers must now explicitly authorize that compensation and decide how it’s communicated.
  • Buyer agents can still find out — and most do — but what used to be automatic is now a conversation. That adds friction.

And when buyer agents discover there’s little or no compensation offered? They often have to turn to their clients and say:

“If you want my help, you’ll need to cover my fee.”

That puts buyers in a bind. They either:

  1. Pay their agent directly at closing — on top of down payments and other costs,
  2. Raise their offer price to cover the fee — which can lead to appraisal or loan issues, or
  3. Ask you, the seller, to pay the fee as part of the negotiation.

In every case, the buyer’s position is weakened — and so is yours.

Weaker offers. More complications. And fewer serious buyers who can afford to write clean offers on your home.

How Some Brokerages Quietly Tilt the Table

Here’s what makes things worse: some large brokerages are now keeping a bigger share of the commission for themselves while offering less to the agents who represent buyers — even though you, the seller, are still paying the same full amount.

It looks cooperative. But in practice? It sets the buyer up to lose ground in a competitive scenario — while you, the seller, lose opportunities you never even see.

You pay more. The buyer brings less. And no one explains why.

It’s not illegal. Not unethical on paper.

But let’s be clear: it can weaken your sale — before your home gets its first showing.

The Vermont Market Is Rebalancing

This isn’t 2021 anymore. Inventory is climbing. Interest rates are shaping behavior. And buyers are taking their time.

In this more balanced market, you need full exposure to the buyer pool.

If agents representing buyers don’t see fair compensation, they may hesitate — not because they’re unprofessional, but because their clients are stretched and the math no longer works.

This is especially true for first‑time buyers, rural buyers, and those relocating to Vermont who rely heavily on their agent’s advocacy and guidance.

This isn’t 2021. Lazy listings no longer win.

The Ethical Realtor Difference

Not every agent is playing games. In fact, the best ones — especially here in Vermont — are proactively:

  • Explaining how compensation works today,
  • Helping sellers structure incentives that support strong offers,
  • Today, smart Realtors don’t rely on old systems. They share buyer agent details clearly — on their sites or through direct calls and texts.

Good agents don’t fear the fine print. They fight with it.

The Smart Seller's Commission Checklist (Post-Sitzer Edition)

Ask these 10 questions before you sign anything:

  1. What’s the total commission I’m agreeing to pay?

    • How is it calculated, and what do I get in return?

  2. Are you offering compensation to buyer agents?

    • If so, how is that amount determined — and is it positioned to encourage showings?

  3. How will buyer agents know what we’re offering if it’s not in the MLS?

    • Your agent should have a direct communication strategy: calls, emails, and agent networks.

  4. If no buyer agent is involved, does your agent's company keep the entire fee?

    • Or is there a structure that reflects the reduced workload and benefits you, the seller?

  5. If buyer agents aren’t compensated, will their clients be expected to pay out of pocket?

    • That could shrink your buyer pool fast.

  6. What happens if we’re not getting enough showings?

    • Can we adjust the offer to buyer agents later?

  7. Has your brokerage changed anything in response to recent legal or policy updates?

    • And how does that affect me as the seller?

  8. Are buyer-focused incentives part of our strategy, or are we hoping our listing stands out on its own?

    • You want competition—not complacency.

  9. Does this plan reflect what's working in Vermont’s current market?

    • I want facts, not assumptions.

  10. How do you measure success — and how often will we review performance together?

    • Set expectations and accountability from the start.

Broker Reciprocity Wasn't the Problem. Gaming It Is.

The real estate system was built on cooperation. It wasn’t perfect — but it worked because it was transparent.

Now, some brokerages are quietly cutting buyer agent incentives while keeping fees the same — all while telling sellers nothing’s changed.

Less incentive for agents to show your home.

More pressure on buyers to cover the gap.

Fewer offers — and fewer that close cleanly.

Nothing’s been fixed. You just see less of how it works now.

The Takeaway👊 

The fine print in your listing agreement isn’t background noise. It’s a marketing strategy. Or a trap.

Ask the right questions. Push for transparency.
And make sure your agent is advocating for buyer engagement — not just internal profits.

Don’t Let Your Listing Agreement Work Against You

Tony Walton and the NELandmark team are Vermont’s straight shooters. They bring clarity, reach, and results — especially now, when the market’s rewarding precision over assumptions.

📞 Call Tony Walton at 802‑253‑4711
🌐 Visit: NELandmark.com

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