Sellers are no longer required to offer or pay a buyer’s agent commission, which averages 2.75% nationwide - unless they’ve agreed to it in the purchase contract.
Following the 2024 NAR settlement, listing agents can no longer advertise buyer agent compensation in the MLS. If a seller hasn’t contractually agreed to cover the buyer’s agent fee, they aren’t obligated to pay it.[1] Since over 86% of homes sell via the MLS, this practice was previously widespread.[2]
The buyer's agent fee is also now negotiable between buyers and their agents, and buyers must sign a written agreement outlining the fee and services before touring homes.[3]
That said, some sellers still offer this compensation as a seller concession. This is a negotiating tactic to attract more buyers and close deals faster.
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Can a seller refuse to pay commissions?
In most cases, sellers can't refuse to pay real estate commission if agreed upon in a contract.
If you've committed to paying the buyer's agent fee in a document like a signed purchase and sale agreement, you're legally bound to fulfill this obligation. Refusing to do so could lead to contract breaches and potential lawsuits.
For example, in South Carolina, sellers previously indicated the compensation for the buyer's agency in the contract under "3. Compensation to Other Brokerages." This section outlines the seller's obligation to pay the buyer's agent.
In new contracts following the NAR settlement, a field allows sellers to cover a specific dollar amount of the buyer's transaction costs, including agent commission:
If your contract doesn’t specify a commitment to paying the buyer’s agent commission — for instance, if the relevant fields are left blank or marked as 0% — you may avoid paying this fee altogether.
However, refusing to negotiate and pay a buyer’s agent commission could impact your home’s chances of selling. To navigate these changes effectively, consult a local real estate agent or attorney.
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Do I have to pay buyer agent commission on a FSBO sale?
If you sell your house without a realtor, you won't need to pay a listing agent commission. But, if your buyer has an agent (which is highly likely), you may be responsible for the buyer's agent commission.
This fee is for the buyer's agent's service in bringing the buyer to your property, effectively aiding both the buyer and seller. The commission typically ranges from 2-3% of the home's sale price, with a national average of 2.66%.[4]
Some exceptions do exist. If the buyer is unrepresented, you might bypass agent fees, working directly with real estate attorneys and title companies.
Another rare scenario is where the buyer pays their agent's commission to make their offer more attractive. This could happen in a strong seller's market with limited inventory and numerous buyers.
However, buyers without agent representation may have less leverage in negotiations. Our American Home Buyer Report for 2025 found that 69% of buyers who used an agent received concessions, compared to just 56% of buyers who went unrepresented — a difference that could impact how competitive an offer appears to sellers.
Do most buyers use agents?
Yes, most do. In 2024, 88% of home buyers employed a real estate agent or broker for their purchase, their primary support during the buying process. Meanwhile, only 5% of home buyers acquired their homes directly from the previous owner, and FSBO sales accounted for just 6–7% of the market[5]
However, not every buyer hires an agent. Among those who chose to go solo, 21% said it was because real estate commissions were too expensive. With the recent changes shifting more commission responsibility to buyers, this trend could become more common.
Who pays realtor commissions?
The seller typically pays real estate agent's commissions, a standard practice for many years.
For instance, on a $500,000 home sale with a 6% total commission, the seller pays $30,000, usually divided equally between the listing and buyer's agents.
Do buyers ever pay?
Historically, buyers rarely pay their agents out of pocket. Typically, the seller pays the agent's fee, deducted from the home's sale price. However, exceptions exist.
Most buyer's agency agreements include a clause to ensure the agent gets paid, even if the seller doesn't pay. For example, in North Carolina, a buyer's agency agreement may state that the buyer must pay the difference if the seller's compensation is lower than the agent's standard fee or if no compensation is offered.
While buyers are usually not directly responsible for these payments, they might be asked to cover the fee if the agent can't obtain it from the seller. This scenario is more of an exception than a rule in real estate transactions.
