What Percentage Do Real Estate Agents Get?
Published by Cash Flow Deals · Last updated 2026-08-04 · Published and reviewed for compliance by Camilo Palacio, a Florida Licensed Realtor
There is no fixed percentage anymore. Total commission has averaged around 5.7% nationally, split roughly 2.88% to the seller's representative and 2.82% to the buyer's representative, but every number is negotiable. The August 17, 2024 Sitzer/Burnett settlement with the National Association of Realtors ended the practice of advertising compensation for buyers' representatives on the shared property database. With Cash Flow Deals, you choose between the Fast Cash Offer, where we buy your house as-is and close, and the Premium Cash Offer, where a pre-approved FHA or conventional buyer we already have, ready to go, pays more and buys directly from you. On your Premium sale, we receive a separate disclosed fee on the closing statement instead of a percentage baked into the price.
| Factor | Traditional Route | Cash Flow Deals |
|---|---|---|
| Typical fee structure | 5% to 6% total commission, negotiated separately since the August 17, 2024 NAR settlement | Paid as a separate disclosed line item on the closing statement, not a percentage of price |
| Who pays and when it's set | Buyer-agent pay is now agreed in writing before touring, not advertised on the MLS | Your number is agreed before any work starts, and it changes only if you agree. The one exception: if something structural surfaces that was not visible or disclosed before we signed — foundation issues, hidden moisture, old wiring, cast-iron drain failure — we re-cost it and bring the number back to you. You decide. You can walk away. We disclose what we know at offer time so this almost never happens. |
| Price stability | Commission math can shift if the sale price gets renegotiated after inspection | Fee is a fixed line item independent of any post-inspection repair conversation |
There's No Legally Fixed Commission Rate
Real estate commission has technically always been negotiable in the United States. Antitrust law never allowed a fixed national rate. What actually happened is that a rate cluster formed around 5% to 6% total for decades, mostly because that's what Multiple Listing Service culture normalized. That informal norm is what the 2024 settlement targeted, not a rule that never existed on paper.
What Changed on August 17, 2024
The National Association of Realtors settled the Sitzer/Burnett antitrust lawsuits for $418 million, and the new rules took effect August 17, 2024. The biggest practical change: a listing can no longer advertise buyer-agent compensation on the MLS. A buyer's agent now has to sign a written agreement with their buyer, spelling out their fee, before touring homes. Sellers still often offer to cover some or all of the buyer's agent fee to keep their listing competitive, but it's negotiated deal by deal instead of broadcast as a blanket MLS field.
How the Commission Actually Splits Today
Recent industry surveys put average total commission around 5.70% nationally, with the listing side averaging about 2.88% and the buyer's side about 2.82%. The real range runs wider than that average suggests, roughly 4% to 8% total depending on market and negotiation, and discount brokerages sometimes charge as little as 1% to 1.5% on the listing side. None of these numbers are mandatory. They're market averages that shift by region, price point, and how hard each side negotiates.
How Cash Flow Deals' Fee Works Differently
You choose between the Fast Cash Offer, where we buy your house as-is and close, and the Premium Cash Offer, where a pre-approved FHA or conventional buyer we already have, ready to go, pays more and buys directly from you. The number is agreed before any work starts, and it changes only if you agree. The one exception: if something structural surfaces that was not visible or disclosed before we signed — foundation issues, hidden moisture, old wiring, cast-iron drain failure — we re-cost it and bring the number back to you. You decide. You can walk away. We disclose what we know at offer time so this almost never happens. We cover repair costs, and we figure out a way, so nothing comes out of your pocket. With Premium, only what the buyer's lender requires gets fixed, with repair costs settled from the sale proceeds out of our share. With Fast Cash, you make no repairs. On your Premium sale, Cash Flow Deals is paid as its own disclosed line item on the closing statement, rather than as a percentage baked into a marked-up sale price. Your buyer's lender funds the purchase, and title transfers once, directly from you to your buyer. If the buyer's loan falls through, that is our problem, not yours, and you can still take the Fast Cash Offer at its own number alongside the Premium Cash Offer choice.
Common questions
Is a 6% commission required by law?
No. Commission has always been negotiable in the United States. 5% to 6% became a common industry range through market practice, not because any law set that number.
Who pays the buyer's agent now that it's off the MLS?
It's negotiated directly between the buyer and their agent in a written agreement, though sellers frequently still agree to cover some or all of it as part of the sale to keep their listing competitive.
Can I negotiate a lower commission with my listing agent?
Yes. Rates have always been negotiable, and the 2024 settlement made that negotiation more visible and more common in practice.
What exactly is the Sitzer/Burnett settlement?
It's the antitrust settlement the National Association of Realtors reached in March 2024 over how buyer-agent commissions were advertised through the MLS. The new rules took effect August 17, 2024, and NAR paid $418 million as part of the resolution.
Keep reading
Related reading
- Is the Fort Myers Real Estate Market Turning Around? - Lee County Sellers ›
- Tampa Bay Real Estate in 2026: What Slowing Sales Mean for Hillsborough Sellers ›
- How to Actually Vet a Real Estate Agent in Florida Before You List ›
- What Does a Florida Listing Agent Actually Do for Your Home Sale? ›
- How Do You Counter an Offer on Your House? ›
- When Does the Buyer Get Possession of the House? ›
What this means for your options
Every path to selling a house has real tradeoffs.
Wait and see
Keep the property as-is and hope conditions improve. The mortgage, insurance, and upkeep keep costing money while you wait, with no set date for things to turn around.
List with a traditional agent
Standard MLS listing, typically 5-6% in commission, and a financed buyer whose deal depends on appraisal, inspection, and lender approval — any of which can fall through after weeks on market.
Sell to Cash Flow Deals
Two offers for your house, Fast Cash or Premium Cash, and you choose. Cash: Cash Flow Deals buys the house as-is and closes. Premium: More money. A pre-approved FHA or conventional buyer we already have buys directly from you.
See your selling options before you decide anything.