Who Pays Realtor Fees in 2026? (Buyer vs Seller)
After the NAR settlement, sellers still pay their listing agent; buyer-agent fees are negotiated. See examples and how flat-fee listing cuts what you owe.
Contents
- 1. What changed August 17, 2024 (NAR settlement)
- 2. How much sellers actually pay — example math on $400,000
- 3. Should you still offer buyer-agent compensation?
- 4. Buyer side (brief)
- 5. Closing mechanics (short)
- 6. How sellers cut fees without killing the listing
- 7. Frequently Asked Questions About Who Pays Realtor Fees
Who pays realtor fees now? Your listing agent still comes out of seller proceeds. The buyer’s agent is negotiated — seller concession, buyer pays, or a split. On a $400,000 sale, that choice is thousands, not a footnote.
I’m Dave Speers. I run HomeRise, Houwzer, and Trelora. Below is the straight buyer-vs-seller answer after the August 17, 2024 NAR settlement changes, a scannable table, labeled example math, and how sellers cut the listing side without inventing star ratings or local tax rates.
| Fee | Who typically pays (2026) | Notes |
|---|---|---|
| Listing agent | Seller | Negotiated in the listing agreement; still paid from seller proceeds at closing. |
| Buyer’s agent | Negotiated | Seller concession, buyer pays directly, or a split — not required via MLS co-op offers. |
| Seller concessions | Seller (if offered) | Can help cover buyer-agent pay or other buyer costs; market-dependent. |
| FSBO / flat-fee MLS | Seller (listing side) | Fixed listing cost instead of a traditional listing %; buyer-agent pay still separate if offered. |
Short answer: listing side = seller. Buyer-agent pay = negotiated after the NAR rule changes. The MLS field that used to broadcast a required buyer-comp offer is gone. Written buyer representation agreements are required before touring with an agent.
What changed August 17, 2024 (NAR settlement)
In March 2024, the National Association of Realtors settled antitrust litigation for $418 million. Practice changes that matter for who pays realtor fees took effect August 17, 2024:
- No required MLS buyer-compensation offers. Listing agents no longer enter a cooperative buyer-agent commission in the MLS the way the old co-op field worked.
- Written buyer agreements before touring. Buyers who work with an agent must have a signed agreement that states how that agent will be paid.
What did not disappear: sellers still hire and pay their own listing agent under a listing agreement. What became real negotiation is the buyer’s agent side — concession from the seller, payment from the buyer, or some mix. For NAR’s consumer-facing framing, see their offers of compensation guide.
How much sellers actually pay — example math on $400,000
Commissions are negotiable. The numbers below are example math, not a survey average for your ZIP, and not a promise of what your market will clear.
Example math — $400,000 sale price (listing side only):
| Listing path | Example listing cost | Vs 3% listing ($12,000) |
|---|---|---|
| Traditional 3% listing agent | $12,000 | — |
| Traditional 2.5% listing agent | $10,000 | $2,000 less |
| HomeRise Essentials ($95 + $495 at closing if it sells) | $590 | $11,410 less |
| HomeRise Advanced ($495 + $995 at closing if it sells) | $1,490 | $10,510 less |
| HomeRise Full Service (1% of sale price) | $4,000 | $8,000 less |
Colorado has a separate HomeRise plan; check current pricing on the homepage before you budget. Buyer-agent compensation, if you offer any, sits on top of the listing path above — it is not included in those HomeRise fee totals.
Example math — buyer-agent concession on the same $400,000 sale: 2.5% is $10,000; 2% is $8,000; a flat $5,000 concession is $5,000. Whether you offer zero, a flat dollar amount, or a percentage depends on demand in your market, not on an MLS checkbox.
Compare HomeRise Essentials, Advanced, and Full Service — MLS exposure on flat-fee plans, more marketing help on Advanced, and Full Service when you want a traditional full-service listing path at 1%. No invented review scores here; pick the package that matches the help you want.
Should you still offer buyer-agent compensation?
It is market-dependent. In a hot listing with multiple offers, many sellers start lower — or with a flat dollar concession — and add only if showings stall. In a balanced or slower market, a clear concession can widen the pool for buyers who are cash-constrained after down payment and closing costs.
There is no rule that you must lock the number on day one. Test demand, then adjust. Run the net: a house that sits for months can cost more in carrying costs than a modest concession would have.
Buyer side (brief)
Buyers now see agent pay in a written agreement before tours. That fee might be a percentage, a flat amount, or another structure the agent offers. If the seller does not concede toward it, the buyer may pay their agent from their own funds. Agent fees generally are not rolled into the mortgage as a financed line item the way the purchase price is; some deals use price + concession structures within lender rules — ask your lender, do not assume.
Secondary searches like “who pays realtor fees buyer or seller” land here for a reason: both sides still show up on the Closing Disclosure, but the obligation to fund the buyer’s agent is no longer the automatic MLS co-op default.
Closing mechanics (short)
Whoever owes what, payment usually clears through the title or settlement company at closing — not as casual checks to agents mid-deal. Listing commissions and agreed concessions come out of seller proceeds when the contract says so; buyer-paid agent fees come from buyer funds when that is the deal. Read the Closing Disclosure line items before you sign.
How sellers cut fees without killing the listing
- Cut the listing side first. A flat fee MLS listing or reduced listing path keeps the home in MLS/syndication while replacing a 2.5–3% listing fee with a fixed or lower cost (see the $400,000 table above).
- Treat buyer-agent pay as a pricing dial. Start with what your market needs; prefer a flat dollar amount when a percentage feels open-ended.
- Price the home correctly. Fee savings do not fix an overpriced listing. Speed and net usually move together.
State customs vary (Texas, California, Florida, Colorado, and others all show up in search). Local practice and your contract control — confirm with your broker or attorney; this page is not state-specific legal advice.
Frequently Asked Questions About Who Pays Realtor Fees
Who pays realtor fees — buyer or seller?
The seller still pays their listing agent under the listing agreement. The buyer’s agent is negotiated after the NAR practice changes: seller concession, buyer pays, or a split. Nothing is automatic through an MLS co-op offer field anymore.
Do sellers still pay the buyer’s agent after the NAR settlement?
Not automatically. Sellers may still offer compensation as a concession because it can attract more buyers, especially in softer markets, but they are not required to via MLS co-op offers the way the pre–August 17, 2024 system worked.
How much are realtor fees on a $300,000 / $400,000 house?
Example math only: at $400,000, a 3% listing fee is $12,000; HomeRise Essentials is $590 total if it sells ($95 + $495); Advanced is $1,490; Full Service at 1% is $4,000. At $300,000, those same listing paths scale with percentage fees (3% = $9,000; 1% Full Service = $3,000) while Essentials and Advanced stay the published flat totals. Any buyer-agent concession is extra.
Can buyers finance realtor fees / roll them into the mortgage?
Not as a standard financed “agent fee” line the way the purchase price is financed. Some transactions use a higher price plus seller concessions within lender limits. Ask your lender what they will allow on your loan type.
Who pays realtor fees in Texas / California / Florida?
Same national framework: listing side is negotiated with the listing broker; buyer-agent pay is negotiated locally. Customs vary by market. Confirm with a local broker — do not treat a national article as a state statute.
Are realtor fees tax deductible?
High level only: commissions typically reduce net proceeds and can affect capital gains calculations; they are not a simple “write-off” for most primary-residence sellers the way people mean day-to-day deductions. Talk to a tax professional for your facts. No invented rates here.
