What factors affect the amount of commission you pay?
I've seen different commission rates, and I get that probably commission is based on experience. What else affects the commission rate? And is it locked in once I agree to work with an agent or can they change it?
Asked by Mark V | Newark, NJ| 01-11-2023| 1,451 views|Working With an Agent|Updated 3 years ago
Several factors influence what commission rate an agent charges, and it's not just experience.
Market conditions play a role. In a hot seller's market where homes sell quickly with minimal marketing effort, some agents are willing to negotiate a lower rate. In a slower market where more work is needed to sell a home, agents are less flexible because the time, marketing, and effort required are greater.
The price of the home matters. On a higher-priced property, the commission as a dollar amount is larger even at a lower percentage. An agent may accept 4 percent on a $700K home because the dollar amount is still substantial. On a $200K home, that same agent might hold firm at 5 or 6 percent because the dollar amount at a lower rate doesn't justify the work.
The services included affect the rate. An agent who provides professional photography, video tours, staging consultation, social media marketing, and hands-on transaction management has higher costs than an agent who puts the home on the MLS with phone photos and waits. You're paying for a service package, not just a listing.
The brokerage's split structure can also influence what the agent charges. Agents who keep a higher percentage of their commission can sometimes offer lower rates. Agents on a lower split with their brokerage need a higher gross commission to net the same income.
Once you agree on a commission rate and sign the listing agreement, it's locked in for the duration of that contract. The agent cannot change it unilaterally. If you want to renegotiate mid-contract, both sides have to agree and sign an amendment.
YOu are correct that commissions vary depending on many factors. Experience, the area, the type of property, the requirements it takes to sell a property. The listing agreement will have the agreed-upon commissions spelled out clearly as to what you have agreed upon for the property that you are looking to sell. Look for a professional REALTOR with expertise for what you are looking to accomplish for your property and interview them to see if they are the right fit for your goals. And sign a listing agreement with the commission spelled out based on the things listed above. (no they should not change based on the written agreement)
The total percentage is driven by the level of service you require and the current inventory levels. A full-service agent charging 2.5% to 3% typically includes high-end videography and staging, which are essential for a fast sale in 2026. If your home is in a high-demand "hot zone" where homes sell in days, you have significantly more leverage to negotiate a lower rate with your listing agent.
Good question, Mark. A lot of people assume commission is just based on experience, but there are actually a few things that can affect it — the type of property, price point, how much marketing is involved, how competitive the market is, and the overall scope of work. Every brokerage and agent structures things a little differently.
One important thing to know (especially with the newer rules) is that commissions are not set by law and are fully negotiable between you and the agent. In New Jersey now, you’ll typically sign a listing agreement or buyer representation agreement that outlines exactly what the commission is and what services the agent is providing. Once that agreement is signed, the terms are locked in for the length of that contract unless both sides agree to change it. In short - it’s negotiable upfront, but it should be clearly spelled out in writing before listing the property.
Experience matters period. Hire an agent/Broker with a proven record that includes time invested in this career. I often see folks hire part-time agents and pay full commission. Do you use other part-time professionals? You would likely never consider going to a physician, dentist, CPA or attorney that was part-time yet they will hire a part-time realtor. It is rare that any Broker or Agent would negotiate their commission after the listing agreement is signed. It is a binding legal contract and should be honored as such. I hope this helps.
Besides experience, here are the most important factors that affect commission.
1. Marketing Plan; What is the agents marketing plan? Are they taking photos with their IPhone, do they offer professional photos, videography, 3D tours, floor plans etc? Does the marketing plan include email marketing, print mailers, staging & any other strategies to help you get top dollar for the home?
Typically with discounted commissions you will get discounted service and/or marketing.
2. The Local Standard: If you are a seller demanding your agent take a Listing for a total of 3% (1.5 /1.5) & the avg listing commission is let’s say 5 or 6% (2.5-3%) per side in your local market you may think twice about doing so. The average agent sells about 4 homes on average a year so think about some on who has a buyer that 1/4 of their annually income depends on your listing to get paid 1.5 instead of 2.5 or 3%. The local average usually keeps sellers honest to ensure they are offering out a good incentive to buyer’s agents to get buyers in the door. Once you have that down, the listing agent side typically comes down to how extensive you value their marketing plan.
If you do sell your home after an agreed upon listing agreement with defined commissions with list & expiration date, then both parties would legally be obligated to honor those numbers in that period. The agent cannot change the commission unless agreed to in writing by the seller.
Commission is established when the seller comes to an agreement and a Exclusive Right to Sell is fully executed. Now of course the agent can further reduce their commission if desired but they do not have to because they are under contract for the commission agreed upon in the Exclusive right to sell.