By New England Landmark Realty LTD

Understanding Vermont Buyer Representation in the Post-Settlement Era

If you've been following real estate news, you’ve likely heard about major changes to how agents get paid. The Sitzer-Burnett settlement reshaped commission practices in 2024. Heading into 2026, many Vermont home buyers are asking:

"Should I just go directly to the listing agent? Won’t that save money and simplify the deal?"

It's a fair question—but in Vermont, going direct could mean going unprotected. Here's what changed, what didn’t, and why having your own agent may matter more than ever.

What the Sitzer-Burnett Settlement Changed

  • No More Commission Advertising on the MLS: Sellers can't advertise buyer agent compensation through the MLS anymore.
  • Buyer Representation Agreements Are Required: Buyers must sign an agreement with their agent before viewing properties.
  • Commissions Are Fully Negotiable: Buyers now discuss agent compensation upfront, with full transparency.

What didn't change? Sellers can still pay buyer agent commissions—they just can’t publish that info on MLS. In fact, buyer agent commissions rose to 2.42% in 2025. (Source: Redfin)

The Vermont Difference: Dual Agency is Illegal

In Vermont, dual agency is not allowed. If you "go direct" to the listing agent, you’re working with someone who only represents the seller. You are legally unrepresented. There’s no middle ground.

That means no fiduciary duty, no confidentiality, no negotiation on your behalf. You’re on your own—while the listing agent works to get the highest price for their client.

Myths About Going Direct vs. Reality

Myth #1: "It saves me money"

Reality: The seller often budgets for the full commission anyway. If you go direct, the listing agent keeps both sides. Your price usually doesn’t drop.

Myth #2: "The listing agent knows the property best"

Reality: That knowledge helps the seller, not you. Your agent protects you with due diligence, red flags, and pricing analysis.

Myth #3: "One agent makes it faster"

Reality: Speed isn’t safety. Skipping your own representation trades short-term convenience for long-term risk.

What Buyer Representation Actually Provides in 2026

  • Fiduciary Duty: Your agent works for you, not the other side.
  • Pricing Analysis: You’ll understand true market value and avoid overpaying.
  • Negotiation Power: From offer price to contingencies to closing timelines.
  • Early Access: Well-connected agents can bring you pre-market opportunities.
  • Deal Coordination: Your agent manages inspections, title issues, and closing timelines.
  • Contract Clarity: Everything is documented upfront in a written agreement—required by law post-2024.

When Does Going Direct Make Sense?

  • You’re an experienced investor who understands contract law.
  • You’re buying a FSBO (For Sale By Owner) and no listing agent is involved.
  • You’re in a personal transaction (e.g., family sale) and using attorneys for both sides.

But for first-time buyers, out-of-state relocators, or competitive markets—your own agent is critical.

What Will You Pay for Buyer Representation?

Scenario 1: Seller Pays
Common scenario. You agree to a fee with your agent (e.g. 2.5%), and the seller pays it via offer terms.

Scenario 2: Partial Compensation
Your agent negotiates with the seller or adjusts the purchase price to cover the balance.

Scenario 3: You Pay Directly
In rare cases, buyers cover the fee themselves. All terms are disclosed before showings begin.

Bottom line: Most Vermont sellers still offer buyer agent compensation. You’re not “saving” money by skipping representation—you’re giving up protection.

How to Choose a Buyer’s Agent in 2026

  • Ask About Experience: How many deals have they closed? Do they specialize in your area or price point?
  • Check Local Knowledge: Do they know schools, zoning, and development plans?
  • Review Communication Style: Ask how often they update clients and how they handle negotiation.
  • Understand the Representation Agreement: Know the fee, services provided, and how to end the contract if needed.
  • Look for Strategy: Good agents offer tactics, not just tours. They’re advisors—not door openers.

The Takeaway

The NAR settlement didn’t make buyer agents obsolete—it made their value more transparent. Vermont law prevents dual agency, meaning going “direct” gives you zero representation—not a better deal.

In 2026, the best deals will go to buyers who are prepared, represented, and protected. You need someone whose sole loyalty is to you. That’s what buyer representation provides.

Start Smart: Work with a Trusted Vermont Buyer's Agent

Don’t go into the 2026 housing market alone. Let’s talk about your goals, your options, and how buyer representation can save you time, stress, and money.

Contact Tony Walton

Tony Walton
Principal Broker & Founding Partner
New England Landmark Realty
📍 26 N Main Street Suite 2, Waterbury, VT 05676
📞 802-253-4711
📧 tonywalton@nelandmark.com
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