Below is an example of one state (Ohio) and they should all be operating on close to the same basis.   As an individual, you can write a post and directly say what your rate is.  There are literally brokerages with their commission total in the name of their brokerage.  It's the discussion of commission rates with other agents or brokerages that causes the concerns with anti-trust.   Jeff Pearl isn't wrong on this one.

We have always been "allowed"... to mention commissions. BUT (there's always a but, isn't there?)... the mention of commissions can easily lead to a discussion about commissions, which could lead to, or be construed as collusion, and therefore something to be scrupulously avoided.

Especially in writing, on a public website!

IMHO

Michael many of us old timers had this drilled into our heads years ago. never discuss commission amounts with other agents. Just don't do it.  Stay on the safe side, period.  But by reading some of the answers it appears there are different sides to this.....

It's not a violation just to mention a commission amount. Just don't discuss with others about setting a certain % amount.

We can now advertise publicly what we are paying buyers agents. Coming from those who enforce the Sherman AntiTrust Law (DOJ), this makes ZERO sense!

As well, now agents can hold 'privately' whether or not they or their seller will be paying BA compensation. In my opinion, this opens the door to rampant discrimination.

They seem to have thrown what we've always thought to be right - and 'the law' - right out the window!

You will not find me mentioning any specific commission/fee amount in any public space...including this one.

I see it here from time to time and on FB as well.  I am not among those that mention %, of $$$.

What the Settlement changed was posting commission rates in MLS. We are okay to post a seller offered commission rate or concession elsewhere for a listing. Discussions about "typical" commission rates, etc. are still a violation.

I just noticed this post and moments before, one in SM about how some things in America are legal and rightful but abhorrent and counterproductive. I think it's wiser here to reduce risk for the broker.

 The Federal Government has other things on their plate to worry about. A blog post or social media comment that says, "I charge X% commission here in Podunk, USA" is not going to set off any alarms.    

 But those Trial Lawyers - the ones who have been accused of paying off  NAR leadership to settle the Sitzer case... those lawyers are the people you need to be concerned about.

I guess I've missed those posts Michael Elliott but you are right, we should not be seeing them in posts or in Q&A here.

It should not be mentioned.  That is what all the lawsuits were about. We can talk about general compensation and how it is handled, but not specific figures.

Alan May set the tone. You can do it but not with other agents in an attempt to set a rate. Well, depending on the story telling ability of a lawyer to convince a jury of people unfamiliar with the facts, the outcome is not good. We have a new breed of ambulance chasers. 

I don't think it is permitted anywhere, but AR isn't the police for that, haha.  I am sure that the police for that are aware of AR, so I feel bad for anyone who feels they should be discussing it here, haha.

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Next question Michael Elliott ?

You are correct - Agents from different companies should not be discussing Commission Rates . Worse yet don’t do it in writing. Sherman Anti Trust Act

You can only try to educate others. It has been like that for years here & I just watch what I do. I do not talk about commission with  a number.

I have agents call me what my seller will pay, but we can not put it in our MLS.  I see what the coop is in lots of flyers now

I guess the only spots where buyer commissions are gone are MLS and a listing agreement. 

Because we are not "colluding" regarding these commissions, just stating what's out there. All our client contracts clearly state in bold letters that commissions are negotiable. 

It really depends on how it's being done.  There is a difference between "I charge X% to buyers" and "I think we should all charge X% to buyers".  There is nothing wrong with saying "I'm passing on X% SOC" but you'll get in trouble if you say "and I think we all should too."

If it can be inferred that you are suggesting a standard price, that's a problem too.

Questions like "What are you charging for buyer rep" could be seen as encouraging price fixing, even though many industries (like title insurance, hospitals, etc.) have to post their rates publicly for all (including their competitors) to see and can (and do) make decisions based on this information.  This is the root of the alleged "price fixing" in the MLS.  If the majority are passing on X% SOC and your seller is trying to decide what to offer, the fact that they can go and see that 95% of people are passing on X% and only a couple are passing on W% or Y%, leads to them potentially joining the X% club.

Using a post-settlement example, if your seller does not wish to entertain offers with a commission attached to them, yet most others are (or buyers are saying "we won't look at homes without them" as I'm hearing from some agents in my area), then the seller is forced into entertaining those offers.

As a general rule, outside of marketing, I always try and use a placeholder such as X for discussions of compensation just to stay on the safe side.  Even when meeting with another Broker to talk about the market and what's going on and ways to adapt, X is the safest thing to say.

Michael..I see what you are talking about no one should be posting what a typical % or $ amount for fees is standard in an area! That is what got this whole thing going!

Commission rates are negotiable and always have been.

We should avoid talking about getting paid!  We are back to being Secret Agents, and the thought of getting paid is a secret!

You have some accurate answers above.

Hang on to your hat, this way of doing things will change too, eventually. 

I just hope the next time they change the way we do things someone doesn't win millions of dollars.