Updated October 2026. NAR’s settlement rules and September 2026 sales data checked this month.
As of October 2026, the seller usually pays the listing agent’s commission, and the buyer’s agent is paid under the buyer’s own written agreement. Since August 17, 2024, buyers sign that agreement before touring with an agent. The seller may still agree to cover the buyer’s agent, but only if it’s negotiated in the deal. Nothing is automatic.
Jump to: 💲 Who pays · 🪜 What changed · 🤝 Negotiating it · 🏠 Selling by owner · ❓ FAQ
Key takeaways
- Since August 17, 2024, offers to pay a buyer’s agent can’t be shown on the MLS.
- Buyers sign a written agreement with their agent before a tour. It must state the pay as an amount or rate.
- The seller can still agree to pay the buyer’s agent, or give the buyer a credit, as part of the offer.
- On NAR’s September 2026 median price of $417,500, every 1% of commission is $4,175.
Who pays the buyer’s agent commission when you sell a house?
There’s a short answer and a real one. The short answer: in most sales, the money still comes out of the seller’s proceeds at closing. The real answer: who owes it depends on what the buyer and seller agree to in writing.
Here’s how it works today. The buyer hires an agent and signs a buyer agreement. That agreement says what the agent gets paid. Then the buyer makes an offer. The offer can ask the seller to pay that fee, ask for a credit toward it, or ask for nothing. The seller can accept, counter or say no.
So a seller isn’t required to pay the buyer’s agent. But many still do, because it can bring more offers. A buyer who has to pay their agent in cash on top of a down payment may skip your home. Your choice, and it’s a business decision.
| Who pays | How it happens | Where it shows up |
|---|---|---|
| Seller pays the listing agent | Listing agreement between seller and listing broker | Seller’s side of the closing statement |
| Seller pays the buyer’s agent | Agreed in the purchase contract or a separate written agreement | Seller’s side, paid at closing |
| Seller gives the buyer a credit | A concession written into the offer | Credit to the buyer at closing |
| Buyer pays the buyer’s agent | Buyer agreement only | Buyer’s side of the closing statement |
The numbers land on your closing documents. The Consumer Financial Protection Bureau explains how to read the Closing Disclosure, where real estate commissions appear line by line.
What changed with the NAR settlement in 2024?
Before August 17, 2024, the listing broker often posted an offer to pay the buyer’s agent right on the MLS. The buyer’s agent saw it and knew what they’d earn. That’s gone.
NAR’s settlement page lists the practice changes. Agents who use an MLS must sign a written agreement with buyers before touring a home. The agreement must show the amount or rate the agent will get. It must say the agent can’t be paid more than that from any source. And it must say plainly that fees are fully negotiable and not set by law.
NAR also says sellers can still offer pay to a buyer’s agent off the MLS. And sellers can still offer buyer concessions on the MLS, such as help with the buyer’s closing costs. What can’t appear on the MLS is the offer of compensation itself.
For a deeper walk-through of the rule change, read whether sellers still pay the buyer’s agent in 2026. For the basics of the fee itself, see what a buyer’s agent commission is.
How much is a buyer’s agent commission?
There’s no set rate. It’s whatever the buyer and their agent agree to. Some agents charge a percent of the price. Others charge a flat fee. Some buyers end up paying nothing because the seller covers it.
To size the cost, use the median. NAR put the September 2026 median existing-home price at $417,500. On that price, 1% is $4,175, 2% is $8,350 and 2.5% is $10,438. Those are examples, not standard rates.
Commissions are not set by law or by NAR rules, and they’re fully negotiable. Sellers choose whether to offer any buyer-agent compensation, and how much. Since August 17, 2024, those offers can’t be shown on the MLS. Our commission calculator guide shows the math for any price and rate.
How do buyers and sellers negotiate who pays?
It happens in the offer. The buyer’s agent writes what the buyer wants, and the seller answers. A few common patterns:
- The buyer asks the seller to pay the buyer’s agent a set amount at closing.
- The buyer asks for a credit, then pays their own agent out of it.
- The buyer offers more for the home and asks the seller to cover the fee.
- The buyer pays their own agent and asks for nothing from the seller.
As a seller, compare the net, not the headline. A $420,000 offer that asks you to pay $8,000 to the buyer’s agent nets less than a $415,000 offer that asks for nothing. Put each offer in a simple table: price, credits, fees, closing date. Then pick.
If you’re buying, a lender may limit how much the seller can credit you. FHFA oversees Fannie Mae and Freddie Mac, whose rules set many of those limits. The FHFA site is a good place to start, and your loan officer can tell you the cap for your loan.
Not sure what to sign? The Nolo legal resource site has plain-English articles on purchase contracts. A local real estate attorney can review the actual wording before you commit.
Who pays the buyer’s agent when you sell by owner?
The same rules apply. If a buyer shows up with an agent, that agent has a written agreement with the buyer. The offer will tell you if they want you to pay. You can agree, counter or decline.
Sell smarter
List your home on the MLS from $99
A flat fee instead of a percentage, and $0 to Beycome at closing. You stay in control of your sale.
Sell your home →Buy smarter
Get up to 2% back at closing
On homes listed by other agents, Beycome credits you up to 2% of the price at closing (1% kept, $1,499 minimum; not on FSBO homes or homes listed by Beycome sellers).
Buy a home →Agents still bring most buyers, but not all of them. In 2026 so far, about 36% of Beycome sales closed with a buyer who had no agent (Beycome internal data, 2026). In those sales, there was no buyer’s agent to pay.
With a flat fee MLS listing from Beycome, you pay $99 upfront and $0 to Beycome at closing. Beycome doesn’t set, collect or pay any buyer’s agent compensation on your listing. You decide whether to offer any, and you agree it directly with that agent in writing. A free “Compensation Agreement – Seller to Buyer’s Broker” template sits in your dashboard under Legal Forms. You and the buyer’s broker sign it, and it tells escrow to pay the agent at closing. Our FAQ explains why compensation offers can’t go on the MLS.
Want to see where the rest of your money goes? Read who pays closing costs when selling a home. And if you’d rather keep a listing agent at a lower rate, compare 1% commission agents and other options.
What if you’re the buyer?
Read your buyer agreement before you tour. It should state the fee in plain numbers. Then decide how you want to handle it in your offer. You can ask the seller to pay, ask for a credit, or pay it yourself.
Beycome’s buyer program works another way. You pay no upfront fee. When a seller offers buyer-agent compensation, Beycome collects it, keeps 1% of the price (minimum $1,499), and credits the rest to you at closing. On a $400,000 home with 3% offered, that’s $8,000 back to you. If the amount offered is below the minimum, you cover the gap at closing. That 3% is only an example. It isn’t set by law or NAR rules, it’s negotiable, and the seller chooses whether to offer anything.
For more on who covers what, see who covers realtor commission costs.
Frequently asked questions
Who pays commission when selling a house?
The seller usually pays the listing agent. The buyer’s agent is paid under the buyer’s agreement, and the seller pays it only if they agree to in the deal.
Do sellers have to pay the buyer’s agent?
No. It’s a choice. The buyer can ask for it in the offer, and the seller can accept, counter or decline.
Can a listing show the buyer agent commission on the MLS?
No. Since August 17, 2024, offers of buyer-agent compensation can’t appear on the MLS. Sellers can still offer them off the MLS.
Who pays the buyer’s agent in a FSBO sale?
The buyer, under their agreement, unless the seller agrees to pay in the contract. With Beycome, the seller and the buyer’s broker sign a separate agreement; Beycome doesn’t pay it.
Is commission paid at closing?
Yes, in most sales. The title or escrow company pays the brokerages from the funds at closing, and the amounts appear on the Closing Disclosure.
Can a buyer use a seller credit to pay their agent?
Often, yes, within the lender’s limits. Ask your loan officer what your loan allows before you write the offer.
Reviewed by Beycome Brokerage Realty LLC, a licensed real estate brokerage. Licenses are listed at beycome.com/faq/how-to/are-you-a-licensed-broker/.
Prices as of October 2026. “$0 at closing” means no Beycome fee at closing. Other closing costs, taxes, title fees and any buyer’s agent pay you agree to still apply.
Commissions are not set by law or by NAR rules and are fully negotiable. Sellers choose whether to offer any compensation to a buyer’s agent, and how much; since August 17, 2024, those offers can’t be shown on the MLS. Percentages in this article are examples only.
Buyer program: no upfront fee. Beycome keeps 1% of the price, minimum $1,499; the rest of the buyer-agent compensation the seller offers is credited at closing, subject to lender approval. If the offer is below the minimum, the buyer covers the gap.
The 36% figure is Beycome internal data for sales closed in 2026 to date. It isn’t a promise for any one sale.
This is general information, not legal advice. Rules vary by state and MLS.
Sources
- NAR, What the NAR Settlement Means for Home Buyers and Sellers, read October 22, 2026.
- NAR, Home Sellers: What the NAR Settlement Means, read October 22, 2026.
- NAR, Existing-Home Sales, September 2026 (median $417,500), read October 22, 2026.
- CFPB, Closing Disclosure explainer, read October 22, 2026.
- Beycome, listing package features, October 2026.
- Beycome, buyer program, October 2026.
- Beycome internal data, 2026 (share of sales closed with a buyer who had no agent).
Disclosure & Disclaimer
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