How much does a buyer's agent cost after the NAR settlement? (2026)
4 min read.
Since August 17, 2024, after the National Association of Realtors (NAR) settlement, commission offers are no longer posted on the MLS, and buyers sign a written agreement with their agent before touring homes, with the commission spelled out. Everything is negotiable. In the third quarter of 2025, buyer's agents earned 2.42% of the price on average, according to Redfin. With Instadigs, 100% of our commission comes back to you as a credit at closing, through a licensed broker in each state.
What changed with the NAR settlement
Two changes have applied since August 17, 2024:
- Commission offers are off the MLS. Sellers no longer advertise there what they'll pay the buyer's agent.
- Buyers sign an agreement before touring homes. It must state what the agent gets paid, as a specific amount or percentage, and the agent can't collect more than that from any source.
Sellers can still pay the buyer's agent, or give the buyer credits, but it's negotiated off the MLS. And everything is negotiable.
What buyer's agents charge today
According to Redfin, buyer's agents earned 2.42% of the price on average in the third quarter of 2025. On a $400,000 home, that's about $9,680.
| Home price | At 2.42% |
|---|---|
| $300,000 | $7,260 |
| $400,000 | $9,680 |
| $600,000 | $14,520 |
What to check before signing with an agent
- The exact figure. The agreement should say what the agent earns, in dollars or as a percentage.
- Who pays. If the seller or the builder covers part of it, how much is left for you.
- Term and exit. How long the agreement lasts and how to cancel it.
- Exclusivity. Whether it stops you from working with another agent while it lasts.
New construction in the Sunbelt
Florida, Texas, Arizona and the Carolinas build a lot of new homes. Buying from a builder has its own rules: a deposit when you sign and the rest at closing, usually with a mortgage, and often builder incentives such as a rate buydown or paid closing costs. For pre-sale condos in Florida, deposits during construction are higher (buying a pre-construction condo in Miami).
How we give you back 100% in the US
In each state, Instadigs works with a licensed broker, its Broker of Record. That broker represents you in the purchase and collects the commission. At closing, 100% of the Instadigs commission comes back to you as a credit in your favor: it shows on the Closing Disclosure and lowers what you pay for your home.
It's legal, and this is what the rules say:
- Federal law. RESPA allows a settlement service provider to give the buyer back part of its fees, as long as it isn't in exchange for referrals, according to the CFPB.
- Florida. Florida Real Estate Commission rule 61J2-10.028 allows sharing the commission with a party to the transaction if all interested parties, including the lender, are told.
- Texas. TREC allows it: it has to appear on the closing disclosure, it can't be paid outside the transaction and, if it's cash, it needs the lender's consent.
- Arizona. The Department of Real Estate recommends that it appear in the contract and on the closing statement, and that the lender know about it.
- Georgia. Rule 520-1-.10 allows it if it appears on the closing statement.
- North Carolina. The NCREC allows it if the lender approves and it appears on the closing statement.
A few states ban it, such as Oregon. That's why, on every purchase, we confirm before you start how it applies in your state.
If you buy with a mortgage, the lender has to accept it, and its rules cap the credits a buyer can receive: under Fannie Mae's, between 2% and 9% of the value, depending on your down payment. We sort it out with your lender before you sign.
How Digger helps
Digger AI Agent, the Instadigs AI agent, finds new construction in any town you name, checks the builder and any delays, and runs the numbers. Asking it is free. When you're ready to buy, you open your Move and we represent you.
Frequently asked questions
How much does a buyer's agent charge in 2026?
According to Redfin, the average was 2.42% of the price in the third quarter of 2025. It's negotiable and has to be spelled out in the agreement you sign with the agent.
What changed with the NAR settlement?
Since August 17, 2024, commission offers are off the MLS, and buyers sign an agreement with their agent before touring homes, with the commission spelled out.
Can the seller still pay the buyer's agent?
Yes. They can pay the agent or give the buyer credits, but it's negotiated off the MLS.
Do I have to sign a contract with an agent to tour homes?
Yes, if you work with an agent: since August 2024, the written agreement comes before touring homes.
Does Instadigs give the commission back in the US?
Yes. Through a licensed broker in each state (Broker of Record), 100% of the Instadigs commission comes back to you as a credit at closing, where state law allows it. If you have a mortgage, the lender has to accept it.
Sources
- NAR, what the settlement means for home buyers and sellers
- Redfin, buyer's agent commissions in Q3 2025
- CFPB, Real Estate Settlement Procedures Act FAQs
- Florida Real Estate Commission, rule 61J2-10.028
- TREC, can a license holder rebate a portion of the commission to a buyer
- TREC, tips on rebates, referrals and other promotions
- Arizona Department of Real Estate, policy statement 2008.06
- Georgia rule 520-1-.10 (Cornell LII)
- NCREC, compensation issues and how to handle them
- Fannie Mae Selling Guide B3-4.1-02, interested party contributions
- Consumer Federation of America, state support for anti-rebate bans weakens (December 15, 2021)
This guide explains how buying works in general. Rates and requirements are set by law, by each bank and by each developer, and they can change: the date above is when it was last reviewed.