The short version: After the 2024 NAR settlement, you can no longer post a buyer-agent commission offer inside the MLS in Tennessee — but the settlement does not ban you from advertising that offer off the MLS. Put it on a yard sign rider, a single-property website, or a printed flyer, as long as your ad follows Tennessee Real Estate Commission (TREC) advertising rules: firm name and registered phone, clearly shown.
The settlement removed the on-MLS compensation field. It did not stop you from telling buyer agents what co-op you're offering through other channels. The catch most FSBO sellers miss is that any Tennessee ad tied to a licensed firm still has to carry the firm name and registered phone number, placed conspicuously. Miss that, and a clean-looking flyer becomes a deceptive-advertising problem.
We run flat-fee listings across Nashville, Franklin, Murfreesboro, Memphis, Knoxville, and Chattanooga, so this guide is built around actual channels and real rule text — not generic national advice that ignores TREC entirely.
One honest caveat: MLS rules and TREC guidance change. Confirm specifics with your listing broker before you print anything.
What Changed: On-MLS Bans vs. Off-MLS Rights After the NAR Settlement
The court-approved NAR settlement (practice changes effective around August 2024) removed offers of buyer-broker compensation from every MLS field and public remarks. You cannot write "3% to buyer's agent" anywhere inside RealTracs, KAARMLS, MAAR, or Chattanooga's Flexmls.
What the settlement did not do: stop you from making that offer somewhere else. Compensation is still negotiable and can still be communicated — just not through the MLS.
| On the MLS (Banned) | Off the MLS (Allowed, with rules) | |
|---|---|---|
| Commission % in listing fields | ❌ Prohibited | — |
| Commission in public remarks | ❌ Prohibited | — |
| Yard sign rider | — | ✅ Allowed |
| Single-property website | — | ✅ Allowed |
| Printed showing flyer | — | ✅ Allowed |
| Direct conversation / email to buyer agent | — | ✅ Allowed |
| TREC advertising rules apply? | Yes | Yes — every ad |
The MLS door closed. The off-MLS doors stayed open. But every one of those doors still runs through TREC's advertising rules.
TREC Rule 1260-02-.12: What Every Tennessee Ad Must Include
Under TREC's advertising rules (Chapter 1260-02), advertising by or on behalf of a licensee must conspicuously include the firm's name and registered telephone number. "Conspicuous" means the firm name and phone should not be buried in fine print significantly smaller than the rest of the ad.
When you advertise a buyer-agent co-op off the MLS, the ad must carry:
- The listing firm's name exactly as registered with TREC.
- The firm's registered telephone number.
- Placement that's clear and readable — not shrunk to hide it.
- No deceptive or misleading claims. If you say "co-op offered," the offer has to be real.
Your name and phone number are not enough. Because the property is listed with a firm, the firm's identifying info is what TREC requires. That's why your footer reads with the brokerage name, not just "John Smith, owner."
The practical fix is a TREC compliance footer — one line you drop onto every sign, site, and flyer:
Listed by [Firm Name], [Firm Phone]. [Firm Name] is a licensed Tennessee real estate firm.
The footer applies per channel, not once per listing. On a single-property website, it must appear on every page a visitor can land on. A QR code that deep-links straight to a compensation page still lands on a page that needs the footer.
Yard Signs & Riders: Compliant Layouts for Co-op Offers
A yard sign rider is cheap (roughly $25–60), sits in front of your house 24/7, and speaks directly to the buyer agent driving a client through the neighborhood.
The build:
- Main sign: "For Sale" plus your listing firm's name and registered phone number.
- Rider: a short co-op signal — "Buyer Agent Co-op Offered."
- QR code: links to your single-property website, where the actual terms live.
- Optional second rider: "Scan for Details" under the QR.
Why route commission specifics to a QR code instead of printing "3%" on the rider? Change the offer, and you edit the website instead of reprinting the sign. It also keeps the ad clean. A buyer agent in Brentwood or Knoxville sees "co-op offered," scans, gets the number in three seconds.
One attribution detail: a bare rider bolted to a generic "For Sale" sign with no firm identification is a gap. Firm ID lives on the main sign, the rider references the co-op, and they hang together as one compliant unit.
Single-Property Websites: The Best Off-MLS Channel for Commission Disclosure
If you only set up one off-MLS channel, make it a single-property website — a standalone web page for one address with photos, price, showing info, and room to state your buyer-agent compensation offer in full without MLS field restrictions.
Many tools cost $0–20/month, and some flat-fee MLS packages include one. It's the landing spot for your yard sign and flyer QR codes, and it's the ideal place to disclose the co-op because it's your page, off the MLS, with unlimited space.
Sample compliant disclosure block (example, not legal advice):
To Buyer Agents: The seller is offering cooperating broker compensation of [X%] or [$ amount] to the buyer's agent, payable at closing per the terms of an accepted purchase and sale agreement. Contact the listing firm to confirm.
Listed by [Firm Name], a licensed Tennessee real estate firm — [Firm Phone].
One protective line worth adding to the site footer: state that compensation terms are "for buyer-agent reference and are not to be reproduced in any MLS field or listing document." If a cooperating agent copies your co-op language into MLS remarks, the listing can be in violation of post-settlement rules — and because your flat-fee firm owns the listing, the fine flows to your firm. That footer documents intent if RealTracs, KAARMLS, MAAR, or Chattanooga's Flexmls comes asking.
Printed Flyers for Showings: Compliant Copy You Can Hand Out
Leave a stack on the kitchen counter for showings and open houses. Same rule applies — firm name and registered phone, clearly printed, no misleading language.
Sample compliant flyer block (example, not legal advice):
[Address, City TN] — [beds/baths, sq ft, price]
Buyer agents: Cooperating broker compensation offered. Scan the QR code or call for terms.
[QR code → single-property website]
Listed by [Firm Name], licensed TN real estate firm · [Firm Phone]
Keep the co-op line short and send the numbers to the QR/site. Your flyer, sign, and website all say the same thing — and you only update one place when the offer changes.
Which Channel for Which Buyer
| Buyer Pool | Best Channel | Reach | Proof value | Rough Cost |
|---|---|---|---|---|
| Local agents driving the neighborhood | Yard sign + rider + QR | High local, low detail | Low — no timestamp | ~$25–60 |
| Agents researching before booking | Single-property website | Medium, on-demand | High — dated, screenshot-able | ~$0–20/mo |
| Agents at the showing with a buyer | Printed flyer | Low, high-intent | Medium — hand-dated | ~$10–30 |
The single-property website is the anchor — the only channel that timestamps your offer and lives at a URL you control. The sign and flyer exist mostly to push traffic to it. Build one thing, build that.
How Buyer Agents Actually Find Your Offer
Since the settlement stripped compensation from listing feeds, agents rely on three behaviors: checking any "Seller Concessions Offered" flag and calling the listing contact, scanning public marketing before booking, and asking directly during showing coordination.
The order you reveal compensation matters:
- Pre-showing (public): a neutral "Buyer Agent Co-op Offered — Details Available" line on the site and rider. No dollar figure.
- At inquiry (private): the specific number delivered by email or verbal quote when the agent contacts your firm.
- At offer (contractual): the concession or co-op fee written into the purchase and sale agreement.
Why not post the dollar amount publicly? A public figure anchors every offer against it and removes negotiating room. Delivering it privately also lets you match broker paperwork preferences.
Pairing Off-MLS Ads With the On-MLS Concession Flag
Most Tennessee MLSs — RealTracs, KAARMLS, MAAR, Chattanooga's Flexmls — kept a seller-concessions field after commission offers came off. That field can flag that concessions are available but cannot state a co-op commission to a buyer's broker.
| Signal Location | What It Says | What It Can't Say |
|---|---|---|
| MLS "Seller Concessions Offered" flag | Yes/No only | No dollar amount, no % to buyer's agent |
| MLS public remarks | Neutral facts, single-property site URL | No compensation offer or figure |
| Single-property website | Full co-op detail, delivered on inquiry | — |
The MLS flag is the flare; your off-MLS channels are where the number lives. Flip the flag and stand up the website. One without the other leaks buyer-agent interest.
The Buyer-Broker Agreement Counter-Play
Post-settlement, buyers sign a buyer-broker agreement (BBA) before touring. That agreement states what the buyer owes their agent if the seller doesn't cover it. That's your leverage.
When a showing request comes in, ask:
"Our co-op offer is posted on the property site — does that cover your buyer's agreement, or is there a gap we should discuss before the offer?"
This confirms the agent saw your offer and surfaces any compensation gap before you're staring at a purchase and sale agreement. If their BBA says 3% and you've advertised 2.5%, the buyer is on the hook for the gap — which may mean they need seller-concession dollars to bridge it.
Keep two concepts separate in your marketing language: a cooperating broker fee (paid to a licensed buyer's agent) differs from a seller concession (a credit to the buyer that can cover their agent, closing costs, or a rate buydown). If you advertise a co-op and an unrepresented buyer shows up, no broker means no co-op obligation — but only if your language stayed clean.
Sellers who get their advertised co-op honored raise it at the showing-request stage, not the offer stage. Advertise it off-MLS, confirm it at the door, lock it in the contract.
Frequently Asked Questions
Is it legal to advertise buyer-agent commission off the MLS in Tennessee?
Yes. The 2024 NAR settlement removed commission offers from MLS fields and remarks, but it does not restrict off-MLS compensation advertising. Off-MLS ads are still governed by TREC advertising rules, so your firm name and registered phone must appear on any ad your flat-fee brokerage places.
Can I put "buyer agent commission offered" on my yard sign in Tennessee?
You can, on a rider tied to your listing brokerage's sign. TREC rules require the licensed firm's name and phone number to appear conspicuously alongside any co-op offer. Keep the dollar or percentage figure on the linked website, not the sign itself.
What is a single-property website and why use one for commission offers?
A single-property website is a standalone web page for one listing, often $0–30 per month. It's the cleanest off-MLS channel to state your buyer-agent co-op because you control the copy, can link to it via QR code, and update the offer instantly without touching MLS fields.
Do I still fill in a "Seller Concessions Offered" field on the MLS?
Most Tennessee MLSs, including RealTracs, offer a Y/N "Seller Concessions Offered" field for closing-cost help — separate from the banned commission fields. Use that field on-MLS for concessions, and route your specific co-op commission offer to your off-MLS channels.
Does a flat-fee MLS listing let me advertise commission off the MLS?
Yes. Your flat-fee brokerage is the licensed firm whose name and phone anchor every compliant ad. That's what makes your off-MLS yard sign, flyer, and web page legal in Tennessee — you're not advertising as an unlicensed FSBO.
The Bottom Line
The settlement moved commission offers off the MLS but never took away your right to advertise them elsewhere. What governs those ads in Tennessee isn't NAR — it's TREC. Get the firm name and registered phone on every sign, flyer, and web page, and you're compliant across Nashville, Franklin, Murfreesboro, Knoxville, Memphis, Chattanooga, and every other TN market.
Your next steps: list flat-fee so a licensed firm's name and phone can legally anchor your ads. Stand up a single-property website — the hub your QR codes point to. Print a compliant showing flyer. Mark the "Seller Concessions Offered" field on-MLS, and keep your commission figure off-MLS where it belongs.
Confirm the specifics with your brokerage before you print anything, and treat every template here as a sample — not legal advice.
Sources & last verified: July 2026 — NAR settlement FAQ, Tennessee TREC advertising rules (Chapter 1260-02), TN REALTORS forms, and each MLS's concession-field policy (RealTracs, KAARMLS, MAAR, Greater Chattanooga Flexmls). Confirm current MLS policy with your broker.
Scope note: This is a limited-service, flat-fee/FSBO guide covering off-MLS tactics to attract cooperating buyer agents — not a full-service listing arrangement.