Buyers usually don't pay their realtor out of pocket. In most 2026 home sales, the seller still covers the buyer's agent fee — they just do it through a concession negotiated into the offer instead of advertising it on the listing upfront.
The 2024 NAR settlement changed the rules about advertising the buyer's agent fee on the MLS listing, but the standard is still the same: the seller covers buyer's agent commission in most cases.
But there's more nuance now, and what you actually pay depends on what's in the buyer agency agreement you sign and what the seller offers in response to your offer.
Here's the clear answer to who pays, how much, what to watch for in your buyer agency agreement, and what to do if the seller offers less than your agent charges.
What actually changed with the 2024 NAR settlement — and what didn't
Less changed than the headlines suggested. The settlement changed how buyer-agent compensation gets disclosed and documented. It didn't change the underlying economics of who ends up paying.
What changed
- Starting August 17, 2024, listing agents can no longer advertise buyer-agent compensation on the MLS.
- Buyers must now sign a written buyer agency agreement — often called a BRBC (Buyer Representation and Broker Compensation agreement) — before touring homes with an agent.
- That agreement has to spell out the compensation amount or rate, the services the agent will provide, and how long the agent represents you exclusively.
What didn't change
- Sellers can still offer to cover the buyer's agent fee. Most still do.
- Commissions were always negotiable. The settlement didn't change that — it just made the negotiation more visible.
- The economic reality that the commission is priced into the transaction one way or another — either built into the listing price or offered as a concession in the offer — is unchanged.
The NAR settlement seemed to have an initial effect on commission, but then corrected itself. Our average commission survey showed that buyer's agent commission dropped from 2.70% in 2021 to 2.58% in 2024, but then increased to 2.82% in 2026.[1]
Sellers in most markets are still covering the buyer's agent fee. The form changed — it's now a concession written into the offer rather than a pre-advertised MLS figure — but the outcome is largely the same.
Chetaun Smith, a managing broker at Vision 20/20 Realtors who serves central Georgia and metro Atlanta, says "sellers being willing to assist with buyer costs and offering buyers agent compensation" is how listings stay competitive in her market today — a sign that the seller-paid buyer-agent fee is still the operating norm over a year since the settlement.
However, sellers are still paying the buyer's agent commission in most instances to widen the pool of buyers who can afford the home.
If you're a buyer and you haven't found an agent already, we can connect you to the top agents in your area. Just answer five short questions, and you'll get vetted agent recommendations sent to your inbox. When you work with one of our agents, you can get cash back at closing to put toward moving costs or other expenses.
» READ: How the NAR settlement affects real estate commissions
How much do buyers pay their agent in 2026?
The average buyer's agent commission in the U.S. is approximately 2.82%, per our February 2026 survey.
Most markets fall in a 2.5–3% range, but "standard" varies meaningfully by state and price tier. Lower-value homes may have higher commission rates than high-value homes, because the agent has a greater margin to work with for more expensive homes.
Here's what a buyer's-agent commission looks like at common rates on a $400,000 home:
| Buyer's-agent rate | Commission on $400,000 |
|---|---|
| 2.0% | $8,000 |
| 2.5% | $10,000 |
| 2.82% (national avg.) | $11,280 |
| 3.0% | $12,000 |
If five different agents each describe their rate as "standard," that's because the word means different things by region and practice. Push for a specific number, in writing, before you sign anything.
» COMPARE: Average real estate agent commission rates in your state
Your buyer agency agreement: what you're actually signing
Your buyer agency agreement — the BRBC, in most jurisdictions — is the document the settlement made mandatory before you can tour homes with an agent. It's a contract between you and your buyer's agent that settles three things: the agent's compensation (a percentage, flat fee, or hourly rate), the services they'll provide, and how long they represent you exclusively.
The clause that matters most is one you might miss on a first read. Most BRBCs contain language along the lines of: "Buyer will be responsible for the agent's compensation, but Agent will first seek payment from the Listing Agent or Seller."
In plain English: your agent will go after the seller's concession first. You're only on the hook for whatever the seller doesn't cover. That's the mechanism that lets most buyers walk away from closing without paying their agent directly.
What to check before you sign
- The compensation amount or rate. Is it in line with your local norm (typically 2.5–3%)? If it's higher, ask why.
- The "seek from listing agent or seller first" clause. Make sure it's there. This is what protects you from paying out of pocket in the typical scenario.
- The exclusivity duration. 90 days is standard. Be cautious about anything materially longer without a clear justification — six- or 12-month exclusivity in a typical retail purchase is a red flag.
- The services the agent will provide. Full representation? Contract review only? Make sure the scope matches the rate.
- What triggers your payment obligation. In most agreements, it's closing on a home purchase — not signing the agreement itself.
Red flags to look for in a buyer agency agreement
- Pre-filled or backdated agreements presented as routine paperwork.
- Compensation rates materially above your local norm.
- An agent who rushes the signing without explaining the document.
- Clauses that obligate you for the full commission even if the seller offers partial coverage.
Have your agent walk you through the document line by line before you sign. If it feels rushed or anything doesn't make sense, ask for 24 hours to review. A good agent will respect the request. "Commission structures are more negotiable and creative than ever, and sellers and buyers can easily get confused, especially in a multiple offer situation," says Chelsea Aleksich, a realtor with Keller Williams Real Estate in Stroudsburg, PA, who has more than 20 years of experience as an investor and licensed loan officer. Her advice: review compensation terms verbally first, then put everything in writing, "so that there is no confusion about who is paying what commission."
» READ: Buyer's agency fees explained — pay it yourself or ask the seller?
What do buyer real estate agent fees cover?
The fee for the buyer's agent covers services such as:
- Walking the buyer through the process of purchasing a home and securing financing
- Helping the buyer locate a home using the multiple listing service (MLS) — which is a key method for finding homes, since 88% of sellers market their homes via the MLS[2]
- Scheduling showing times with listing agents and sellers, and showing the buyer homes
- Analyzing comparable properties to determine the fair market value of a home, which guides the buyer's offer price
- Negotiating with the listing agent and seller
- Writing the contract and processing all of the paperwork
The fee gets paid either way — but the method matters
You're paying your agent's commission in every scenario. The question is how, and what that costs you.
- Built into the listing price. Financed at your mortgage rate over 30 years. A $10,000 commission baked into the price can cost you a multiple of its face value over the life of the loan.
- Negotiated as a seller concession. Same impact on cash-to-close as paying out of pocket — but no additional mortgage interest. This is the cleanest outcome for most buyers.
- Paid directly out of pocket at closing. Face-value only, no financing cost. But you have to have the cash on hand, which most first-time buyers don't.
Put plainly: pay 2.5% out of pocket once at closing, or pay a multiple of that over 30 years. That's the mental model worth keeping in front of you.
» LEARN: How much will closing costs run on your home?
What if the seller offers less than your agent charges?
If your buyer's agreement says your agent is getting paid 2.5%, but the seller is only offering 2% in their counter, you have to find a way to close the gap. On a $400,000 home, a 0.5% gap is $2,000.
Here are your options:
1. Ask the seller to cover the gap as a concession in your offer
Your offer can include a request that the seller cover the full buyer's-agent commission as part of closing. In most markets, sellers still say yes — the alternative is narrowing their buyer pool in a market where buyer leverage is up. This is the default move.
2. Ask your agent to accept less than the agreement specifies
Many agents will, particularly on higher-value homes — 2% of a $600,000 sale is still more than 3% of a $300,000 sale. If you're a first-time buyer stretched on cash, it's worth asking. The conversation goes better when you have it before signing the agreement, but it's not off the table after.
3. Pay the gap out of pocket at closing
On the $400,000 example, that's $2,000 in additional cash-to-close. This is manageable for most buyers, but worth pricing in early so it's not a surprise.
What you generally can't do
Most mortgage loan programs don't finance agent commissions directly. You can't roll the commission into the mortgage the way some Reddit threads suggest. What's actually happening in those cases is the seller concession effectively achieves the same result — by reducing your cash-to-close — without the commission being part of the loan amount.
» READ: Can a seller refuse to pay a buyer's agent?
4 ways to reduce or eliminate your buyer's-agent fee
Commissions are negotiable — every competitor article says so. What they don't tell you is which plays actually move the rate.
1. Negotiate your agent's rate at the outset
The best moment to negotiate is before you sign the BRBC, not after. Higher home values give you more room to compress the rate without losing service. On a $600,000 home, a 2% BRBC saves you $6,000 vs. a 3% BRBC — and a competent agent can usually still deliver full representation at the lower rate if you're a serious, qualified buyer.
2. Ask the seller to cover the full fee as a concession in your offer
Specify a dollar-amount concession (not a percentage) for the cleanest execution — "$10,000 in seller-paid buyer-agent commission" reads more clearly in a contract than "2.5%."
3. Use a buyer rebate program
In about 40 states where rebates are legal, your agent can return a portion of their commission as a credit at closing. Clever offers this through its partner network in eligible states — buyers receive cash back on qualifying purchases.
Rebates are different from discount commissions. A discount commission comes off the rate up front (a 1.5% buyer's-agent fee instead of 2.5%). A rebate keeps the agent's contracted rate and returns a portion of it as cash after closing.
» SAVE: How home buyer rebates work — and where to get cash back when you buy
4. Use a flat-fee buyer's agent
Flat-fee agents work best for buyers who already know the local market and want à la carte help — contract review, negotiation support, paperwork — without full-service representation. The trade-off is real: lower cost, less hand-holding.
» LEARN: How to negotiate realtor fees
Special situations
Buying a for-sale-by-owner (FSBO) home
FSBO sellers usually haven't committed to covering a buyer's-agent fee up front, which makes the question of who pays your agent more direct. You have three workable options: ask the seller to cover the fee as part of your offer, pay your agent directly at closing, or negotiate a lower purchase price in exchange for paying your own agent yourself.
That's also why it's harder to get an agent to show a FSBO listing in the first place. "Realtors actually are bringing listings to their buyer's attention. Very few will not bring a FSBO to their buyer's attention because (1) they are afraid the seller will not pay them, and (2) even if the seller pays them, it will be less and the agent is the one doing all of the work," says Jenna Ritter, a real estate agent with Virtual Properties Realty who serves Hall, Lumpkin, and Dawson counties in Georgia.
» LEARN: What does FSBO mean — and is it worth it?
Buying with cash
Cash buyers don't get a meaningful break on agent fees. You still need a buyer agency agreement if you're using an agent, and the same fee dynamics apply. The difference is closing speed (often 10–14 days) and the lack of a loan contingency — and a cash buyer asking the seller to cover the buyer's-agent fee often has more leverage, because the offer is cleaner on every other term.
Going without a buyer's agent
About 10% of buyers don't use an agent at all. It's legally allowed, but it's harder than it sounds. Many listing agents won't engage directly with unrepresented buyers, you lose access to professional MLS tools and comps, and you're negotiating against someone who has 10+ years more experience than you do.
If you're going this route, hire a real estate attorney for contract review. It's essential, not optional.
» READ: First-time home buyer checklist
Buyer closing costs: How to reduce the burden
There are several strategies to make buyer closing costs more manageable.
- Negotiate with the seller. It's common in real estate transactions for sellers to agree to contribute toward some or all closing costs, although this may vary by market and be less common in a market favoring sellers. This can significantly reduce the upfront costs required by the buyer.
- Roll closing costs into the loan. Buyers can often choose to include the closing costs in a mortgage loan. For instance, if you purchase a $250,000 home with $7,500 in closing costs, you can request a loan approval for $257,500 to cover both the home purchase and closing costs.
- Get a home buyer rebate. Some companies offer home buyer rebates, providing cash back at closing. These rebates can be a percentage of the home's final sale price or a flat rate. For example, Clever Real Estate matches you with local buyer's agents, and eligible buyers can qualify for cash back after closing. Find top-rated buyer's agents in your area, and get cash back.
Clever’s free service connects you with a top local agent so you can:
✅ Find a home that fits your budget
✅ Get expert help negotiating your deal
✅ Earn $250–500 cash back at closing (in eligible states)
Frequently asked questions
Generally, no. Most mortgage loan programs won't let you finance the agent commission directly as part of the loan. You can usually achieve the same result by asking the seller to cover the buyer's-agent fee as a concession at closing — that reduces your cash-to-close without requiring out-of-pocket payment. In most markets, sellers still agree to this request, because refusing narrows their buyer pool.
Most buyer agency agreements have a defined exclusivity period — 90 days is typical — and your compensation obligation generally doesn't trigger unless you close on a home purchase during that window. If you don't buy, you typically owe nothing. Read the agreement carefully before signing: look for the language that defines what triggers payment, and avoid any contract that locks you into paying the agent whether or not you purchase.
You might. FSBO sellers usually haven't committed to paying a buyer's agent up front. You have three options: ask the seller to cover the fee as part of your offer (many will), negotiate a lower purchase price in exchange for paying your own agent, or skip the agent entirely and go directly to the seller. If you go that last route, hire a real estate attorney to review the contract.
It depends on your state. Dual agency is illegal in eight states (Alaska, Colorado, Florida, Kansas, Oklahoma, Texas, Vermont, and Wyoming). Where it's legal, a dual agent represents both buyer and seller, and the commission structure usually stays the same — so you don't save much. The bigger issue is conflict of interest: one agent can't fully advocate for both sides in a negotiation where their interests are opposite.
Methodology
Real estate commission rates were found by surveying 533 partner real estate agents across the United States in February 2026. The survey asked agents to report typical commission rates for buyer and seller agents in their respective markets.
We also spoke to the following experts while researching this article:
- Chetaun Smith, a managing broker at Vision 20/20 Realtors serving central Georgia and metro Atlanta.
- Chelsea Aleksich, a realtor with Keller Williams Real Estate in Stroudsburg, PA, who has more than 20 years of experience as an investor and licensed loan officer.
- Jenna Ritter, a real estate agent with Virtual Properties Realty who serves Hall, Lumpkin, and Dawson counties in Georgia.
