Questions / Buying and selling · Leer en español
Who pays the buyer's agent in 2026?
In most sales the seller still pays, as a concession written into the buyer's offer. The buyer pays only the part of their agent's fee the seller does not cover, and the amount is set in a written agreement the buyer signs with their agent.
Updated
What changed
Since August 17, 2024, a buyer signs a written agreement with their agent before touring homes. That agreement states exactly what the agent is paid. The agent cannot collect more than that amount from any source. A federal appeals court rejected challenges to these rules on August 19, 2026, so they remain in place.
Who actually pays
| Situation | Who pays the buyer's agent |
|---|---|
| Seller agrees to cover the full fee in the offer | Seller |
| Seller covers part of the fee | Seller pays that part; buyer pays the rest |
| Seller declines to pay | Buyer pays the amount in their agreement |
Commissions are negotiable and are not set by law. In a 2026 survey of agents, the average buyer's agent fee was 2.70% and the average listing agent fee was 2.76%. On a $400,000 home, 2.70% is $10,800. That survey covers one network of agents, so local rates differ.
What sellers should know
Offering to pay the buyer's agent is a choice, not a requirement. Many sellers still offer it because most buyers cannot add an agent's fee on top of a down payment and closing costs. Your agent can show you how each choice changes your net proceeds.
How it works on Chimpre
Every buyer introduced to your home on Chimpre is represented by a licensed agent under a signed agreement. Any concession, including the buyer's agent fee, is negotiated in the offer, with your agent advising you.
See who is looking for a home like yours
Chimpre introduces your home to agents whose active buyers are searching for a home like yours, in your area, at your price, with the space they need. Your agent shows you who is interested before anything goes public.
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