Well, sorta.

The contract between the seller and their broker/agent definitely reserves (typically) 3% for the buyer side broker/agent. What happens to that 3% is definitely under the influence of the buyer. We negotiated a 50/50 split of the 3% back to us as the buyer in the most recent house that we bought. I guess we could have instead offered it as an incremental incentive to the selling party to sweeten the deal.

Yeah totally it's the same thing. The bottom line is you now have an extra 3% to "play with" between you, the seller's agent, and the seller that would have previously gone to the buyer's agent. How you split up that 3% depends on who's got most of the leverage in the scenario.

FYI, here's what an example seller's contract from northeast FL MLS looks like:

>> Broker will cooperate with and compensate, as stated below, NEFMLS brokers and any broker who reciprocates with NEFMLS. For finding a buyer ready, willing and able to purchase the Property, SELLER will pay BROKER, no later than the date of closing, a broker transaction fee of 5% of the Purchase Price, whether a buyer is secured by BROKER, SELLER, or any other person. BROKER agrees to offer cooperating broker compensation of: 2.5% of the Purchase Price to a single agent for a buyer; or 2.5% of the Purchase Price to a transaction broker for a buyer; or 1% of the Purchase Price to a non-representative broker.

>> If no cooperating broker compensation is offered, the Property cannot be placed in NEFMLS. SELLER hereby directs closing attorney/settlement agent to disburse at closing all compensation to brokers payable hereunder

So in this case, the seller's broker is entitled to 5%, of which 2.5% is required to be shared with a buyer's broker, if existent.

In the event that no buyer's broker exists... it would be a conversation with the seller's broker as to how to dispose of the 2.5% (refund to the deal, etc.).

Yeah agree! Great reference to the contract language. Point being is that there's now a 30K that's freed up for creative use.

Happened to have a recent contract handy. ;)

Correct, but I can make the offer with that language and the seller can review that w their agent. If the agent is "just as well off" or even ahead of the game they can direct the ~3% I whatever way makes sense to get the deal done.