US 2028 Broker Commission
2028 post-Sitzer: NAR settlement removed compulsory buyer-agent commission via MLS. Buyers negotiate directly. Listings often 2.5-3% seller-side only. Buyer pays buyer agent.
| Listing commission | — |
| Buyer agent commission | — |
| Seller total cost | — |
| Buyer out-of-pocket | — |
Post-Sitzer v. NAR settlement (effective Aug 17, 2024): MLS systems no longer offer compulsory buyer-agent commission. Listings now typically advertise seller-side commission only (2.5-3%). Buyers must sign Buyer Representation Agreement BEFORE viewing properties — agreement specifies buyer agent compensation. Seller concession to buyer-agent commission negotiated case-by-case.
Sitzer Settlement Impact
Class action settled $418M paid by NAR + member organizations. Effective Aug 17, 2024: MLS can no longer require/list buyer-agent compensation offers. Massive market shift — agents adjusting business models. Expected long-term effect: lower total commissions (4-4.5% vs traditional 5-6%).
Buyer Negotiating Tactics
(1) Write seller-concession-to-buyer-agent into purchase offer. (2) Offer lower price + buyer-agent fee paid separately. (3) Use flat-fee agent ($3,000-$5,000) vs % commission. (4) Walk away if seller won't cover — many sellers will negotiate.
State Variations
Some states have additional disclosure requirements. CA, FL, TX, NY most active in updating practices. Buyer-broker agreements legally required to specify commission BEFORE first showing in most states post-Sitzer.
Last updated May 2026. Sources: NAR.