×

Go Back

Advice Topics

Top Contributors (View All)

Find a Top Real Estate Agent Near You

Search Now

My agent wants me to sign a commission agreement before listing—do i have to?

It’s 2026, and I thought the whole "seller pays 6%" thing was dead. My agent is asking me to commit to a specific buyer agency compensation in the listing contract to "ensure maximum exposure". Is this legal, or is this an old way of doing things that I don't have to do anymore?
Asked By Koko B | Amarillo, TX | 15 views | Working With An Agent | Updated 1 day ago
Answers (5)
Sort By:
profile img
Rising Star
25 Answers
Ryan Reed

Century 21 Homestar

(19)

Everything is negotiable. At minimum, the seller is responsible for compensation its agent for professional representation and services. And, a buyer is responsible for compensating its agent. There is nothing inherently wrong (or illegal) with the seller paying 6% if that is what the seller agrees to do. "Maximum exposure" is a specific strategy, and it is valid. If I am your agent, there are two things I will make you aware of as a seller: 1) Everything is negotiable, and 2) Every buyer is going to as you as the seller to pay "something" - usually their agent's compensation in full. As such, it sounds like your agent is preparing you for the inevitable end result by pre-defining a total compensation for both your representation and the buyer's. In turn, your agent is able to market your property with that aspect already handled (and with the seller prepped in advance to expect the cost). Please keep in mind that practices in how this is communicated and handled vary widely from state to state, and even brokerage to brokerage. The key takeaways are: a) Everything is negotiable, b) Each party is responsible for compensating their professional, and c) Buyers can ask the seller to pay all or a part of their professional's compensation. Refer to A.
profile img
Novice
7 Answers
Jennifer Rouse

Corcoran

(34)

Each brokerage charges the amount they charge. You as a seller is always welcome to negotiate. Just remember, you always get what you pay for. Agents put a lot of time and money into marketing and also spend their time trying to get the property sold and they have resources that sellers not discount brokerages have and there is a cost for that. If you offer buyer agency compensation, then you will have way more traffic than if you do not offer it. I work out deals with my clients, if I do not sell the property with another agent, I can discount the commission if a direct deal.

Are you ready to find a top agent near you?

Browse profiles of the highest ranked agents in your area and find one that meets your specific needs.

Search
profile img
Novice
5 Answers
Shelly Farley

RE/MAX Solutions

(17)

Commission is and always has been negotiable. Each state has different legal paperwork and I can't speak to their documents. Your agent has a point. You do need to be prepared for the request for compensation from the buyers agent because you will most likely get one.( I personally haven't had a seller decline compensation yet in my area.) The market has changed to a buyers market in most areas. So there are more homes for sale than buyers purchasing and agent compensation could be the thing that makes or breaks your sale. I would recommend evaluating each offer on its merits and negotiate the best offer for you at that time. Let the buying public know you are open to paying compensation of some sort even if you don't disclose a set number.
profile img
Novice
3 Answers
Carissa Craft

Berkshire Hathaway Fox & Roach

(9)

Hello Koko,
Commission to listing and buyer agents are negotiable. That being said, every agent has their percentage that they are willing to work for. Certain brokerages offer different levels of marketing when it comes to listings. Some of the smaller brokerages do not automatically do paid advertising of your listing, so you really want to ask the agent what he/she is going to do to market your property. Does the agent belong to more than one Multiple Listing System to market your property? Some agents just put listings in their local MLS only, and do not belong to a more national-scale MLS such as BRIGHT. The important thing that you decide in the list contract is what you will be paying your listing agent that represents you, and what amount of compensation, if any, you will be offering out to a buyer's agent. It sounds like your agent mentioning maximum exposure is saying that by offering a buyer agent compensation, you will be opening the door for more buyers to view your home because they wont have to pay their own agent and therefore are able to make you a more acceptable offer on your property because their closing costs didn't just go up by 2-3 percent of the purchase price. Hope this helps!
profile img
Novice
1 Answer
Ann Breen

Coldwell Banker Realty, 4 Brook St, Scituate, MA

While the whole point of the NAR lawsuit was to emphasize commissions are negotiable (and always have been), the whole 'seller pays 6%' thing is not necessarily dead and certainly legal. It is your choice to make but as a seller you want the most eyes on your property and specifically the most qualified eyes (ie buyers). In order to ensure your property attracts the buyers that are well qualified and highly motivated (ie best offers), you will want to likewise make sure the agents working with those well qualified good buyers are compensated.

Related Questions

  • Can I get more than one realtor?

    You recommended one realtor.  Harrisburg is a big area so I would like to have 2-4 to choose from.  Thanks!

    • Asked by Mickey B.
    • 2621 views
    • Working With an Agent
    • Updated 4 months ago
    23 Answers

  • What is an agent’s commission fee?

    What is an agent's commission fee?

    • Asked by Mike M.
    • 3501 views
    • Working With an Agent
    • Updated 4 months ago
    21 Answers
Search for Agents by Top U.S Cities
Search for Agents by States
Search for Company by States