Contracts, agents and the MLS

Real estate commission

Also called realtor fees, agent commission, broker fee, real estate agent fees

Definition

The fee a brokerage earns for helping you buy or sell a home, usually a percentage of the sale price or a flat amount. Commissions are negotiable and are not set by law or by any association.

The fee is set in writing: the listing agreement for a seller’s agent and the buyer agreement for a buyer’s agent. Under NAR’s rules since August 2024, those agreements must say plainly that the fee is fully negotiable and not set by law.

How is a real estate commission calculated?

Usually as a percentage of the sale price, a flat fee, or a mix of the two. Some agents charge a base fee plus a smaller percentage, and some use a lower rate above a certain price. Whatever the structure, it’s agreed between you and the brokerage before the work starts.

There is no standard rate. Fees differ by agent, brokerage, market and the services included, and no law or association sets them.

The commission is paid to the brokerage, not straight to the agent. The brokerage then pays the agent their share under a commission split, and may pay a referral fee if another agent sent the client.

Who pays the commission?

Each side’s agreement says what that side’s agent will be paid. Sellers usually pay their listing brokerage from the sale proceeds at closing. Buyers are responsible for what their buyer agreement says, unless the seller agrees to cover some or all of it.

Sellers can still agree to pay a buyer’s agent. Since August 17, 2024, that offer can’t appear on the MLS, but it can be made off the MLS, and buyers can ask for it in their offer. These are often called offers of cooperative compensation.

Because commissions come out of the money at closing, they appear on the settlement statement with the other costs.

What changed with the NAR settlement?

The NAR settlement brought two changes buyers and sellers notice. Offers of compensation to buyer brokers can no longer be published on the MLS. And agents working with a buyer through the MLS need a written agreement before touring a home, with the pay stated as a specific amount or rate, not a range.

An agent working with a buyer also can’t receive more than the agreement allows from any source, including the seller.

Can you negotiate a real estate commission?

Yes. You can ask about the rate, a flat fee, a different fee if one agent handles both sides, or dropping services you don’t need. Compare what’s included, like photography, pricing advice, marketing, open houses and help through closing, not just the number.

A lower fee isn’t always the better deal, and a higher one doesn’t guarantee better service. Ask each agent to walk you through what they’ll do and what you’d likely walk away with.

How the money moves on a $400,000 sale

Sale price$400,000
Listing brokerage fee (2.5% in this example)$10,000
Buyer’s brokerage fee the seller agreed to pay (flat fee in this example)$7,500
Total commissions paid from the seller’s proceeds$17,500
Listing agent’s share under a 70/30 split (example)$7,000
Kept by the listing brokerage$3,000

The rates, flat fee and split are made up to show the math. Every fee is negotiated, and here the seller agreed to cover the buyer’s agent; without that, the buyer would owe their agent under their own agreement.

Common mistakes

  • Believing there’s a standard commission rate. There isn’t; every fee is negotiated.
  • Assuming the seller always pays the buyer’s agent. The buyer agreement decides what you owe unless the seller agrees to pay.
  • Thinking the agent keeps the whole commission. It goes to the brokerage, which pays the agent their split.
  • Comparing fees without comparing what each agent will actually do.

Questions

Are real estate commissions set by law?

No. Commissions are negotiable between you and the brokerage, and no law or association sets them. NAR’s rules now require written agreements to say so.

Do buyers pay real estate commissions now?

A buyer owes what their written buyer agreement says, unless the seller agrees to pay some or all of it. Buyers can ask for that in their offer.

When is the commission paid?

Usually at closing, out of the money that changes hands, and it’s listed on the settlement statement. If the sale doesn’t close, the agreement says whether anything is owed.

How do I see what a commission does to my proceeds?

A seller net sheet subtracts commissions, closing costs and your loan payoff from the sale price to estimate what you’ll walk away with.

Sources

  1. NAR: What the settlement means for home buyers and sellers
  2. NAR: Settlement FAQs
  3. NAR: Consumer guide to written buyer agreements

Written and checked by the Broker & Agent team on October 2, 2026. General information, not legal, tax or lending advice. Something out of date? Tell us.

Run the numbers.

Our free calculators use every state’s taxes and closing customs: what a seller walks away with, what a buyer brings to closing, and the monthly payment.