The New Real Estate Commission Rules, Explained

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Last updated: Sep 11, 2026

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Summary

Since August 2024, buyers sign a written agreement with their agent before touring homes, and commission offers no longer appear on the MLS. Here is what changed, what did not, and what to ask before you sign.

In August 2024 the way home buyers and sellers pay real estate agents changed across the country. The short version: what you pay your agent is agreed in writing, it is negotiable, and there is no standard rate anyone can hold you to.

Why the rules changed

In October 2023 a federal jury in Missouri found the National Association of REALTORS® (NAR) and several large brokerages liable for conspiring to keep commissions high — the case usually called Burnett (originally Sitzer). In March 2024 NAR agreed to a settlement that changed the rules for the multiple listing services (MLSs) its members use. Those rules took effect on August 17, 2024.

What changed

1. Buyers sign a written agreement before touring a home

If you work with an agent who belongs to an MLS, you now sign a written agreement with them before you tour a home together — in person or by live video. The agreement has to:

  • State exactly what the agent will be paid — a set amount, a percentage or an hourly rate — in terms anyone could work out. "Whatever the seller offers" is not allowed.
  • Cap it. The agent cannot receive more than that amount from any source.
  • Say plainly that fees are not set by law and are fully negotiable.

Walking into an open house on your own, or asking an agent about their services, does not require an agreement.

2. Commission offers are off the MLS

Listings on the MLS can no longer show an offer to pay the buyer's agent. A seller can still choose to help cover a buyer's agent, or offer concessions such as a credit toward closing costs — it is negotiated between the two sides instead of being posted in advance.

What did not change

  • Commissions were always negotiable. No law has ever set a rate. The new rules put that in writing.
  • A seller can still pay the buyer's agent if both sides agree, and a buyer can ask for it in their offer.
  • You can still work with an agent the way you want to. The agreement is about being clear up front. Its terms — including how long it lasts and how to end it — are negotiable too.

What to ask before you sign a buyer agreement

  • How are you paid, and how much? A percentage of the price, a flat fee or something else — and the exact number.
  • Who pays it? If the seller agrees to cover some or all of it, does that reduce what I owe? It should never add to it.
  • How long does it last, and how do I end it?
  • Is it exclusive? Can I tour homes with other agents while it is in force?
  • Does it cover one home or my whole search? Some agreements cover a single tour.
  • What is included? Showings, pricing and offer strategy, negotiation, inspections and getting you to closing — ask what the fee covers.

If you are selling

Your listing agreement is negotiable in the same way. Talk with your agent about whether to offer anything toward a buyer's agent and how that could affect interest in your home. Nothing requires you to, and nothing stops you.

How this works on Homegrity

Where an agent has shared their fees, their profile shows them. Whoever you choose will put their terms in writing before you commit, and you can negotiate those terms like any other part of the deal.

This article explains the national rule changes in general terms. It is not legal advice, and some states add requirements of their own — your agent or a real estate attorney can tell you what applies where you are buying or selling.

Get matched with a local agent →

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