NCAA Agent Rules After House Settlement

If colleges can now pay players directly, can they have agents?

The short answer is, yes. But, college athletes still need to be aware of NCAA rules on agents because there is a difference in "NIL Agents" and "Professional Agents." Before the House Settlement (see our prior blog on this subject), college athletes were not allowed to receive payments directly from their universities. But, now they can. Now, when high school athletes are being recruited, it is not just a matter of what school might be the best fit for them. It is now also a question of, "which school will pay me more?"

This leads to the next question, can high school (or college students) hire agents to help them with these NIL deals that are coming directly from universities? When you read the updated NCAA Bylaws, you will see that the answer is yes, "NIL Agents" can be hired. 

The NCAA Bylaws for 2024-2025 provided the following general rule on the use of agents:

"12.3. Use of Agents. 

12.3.1. General Rule. An individual shall be ineligible for participation in an intercollegiate sport if the individual ever has agreed (orally or in writing) to be represented by an agent for the purpose of marketing athletics ability or reputation in that sport. Further, any agency contract not specifically limited in writing to a sport or particular sports shall be deemed applicable to all sports, and the individual shall be ineligible to participate in any sport."

Note the new NCAA Bylaws for 2025-2026:

"12.3 Use of Agents. 

12.3.1. Professional Sports Agent. An individual shall not agree (orally or in writing) to be represented by a professional sports agent for the purpose of marketing athletics ability or reputation in a sport to secure an opportunity as a professional athlete. An agency contract not specifically limited in writing to a sport or particular sports shall be deemed applicable to all sports."

Notice how the new rules limit athletes from hiring agents to market them "as a professional athlete," meaning marketing them to professional sports teams. This new rule does not limit athletes from hiring agents to help them secure NIL deals. 

The NCAA also clarifies this issue in Bylaw 22.3.1, which provides that an individual "may use professional services, including agent representation, for the purpose of name, image and likeness activities." 

But, be careful when hiring an agent. The agency contract should be limited to securing NIL deals, not contracts with professional clubs. If your "NIL agent" tries to market you professional clubs in order to obtain a professional contract, that NIL agent has now become a "Professional Sports Agent" and the athlete will lose their NCAA eligibility.

For more information on this topic, contact us at Mag Mile Sport via the "Contact Us" page.