If you’re like most agents, diving into the details of your real estate commission splits might not be as thrilling as closing a big sale, but getting it right can make a big difference in your paycheck. As a real estate agent myself, I know how easy it is to focus on the next client, showing, or contract deadline and put the math in the background. But now, understanding commission splits is more important than ever.
Since the National Association of REALTORS’ (NAR) commission practice changes took effect in August 2024, agents have had to get much clearer about how compensation is negotiated, documented, and explained to clients. Offers of buyer-broker compensation can no longer be displayed on the multiple listing service (MLS), and agents working with buyers must have a written agreement before touring homes.
That doesn’t mean commissions disappeared. It means agents need to understand exactly how compensation flows, how their brokerage split works, and how to explain their value without relying on outdated assumptions. So let’s break down the nuts and bolts of real estate commission splits, including how they work after the 2024 practice changes.
- What is a real estate commission split?
- How real estate commission splits work
- Commission Split Calculator
- How the August 2024 commission changes affect agents
- Buyer representation agreements and commission splits
- Why commission splits matter more now
- Types of real estate commission splits
- Who pays the real estate commission?
- Dual agency and commission splits
- How to negotiate your commission split
- What factors affect commission income?
- Average real estate commissions across the US
- Frequently asked questions (FAQs)
- Bringing it all together
What is a real estate commission split?
A real estate commission split is the way commission income is divided after a transaction closes. There are usually different splits agents need to understand:
- The transaction-side split: How compensation is divided between the listing and buyer sides when both sides are compensated in the transaction.
- The brokerage split: How an agent’s commission is divided between the agent and their brokerage.
Before August 2024, many agents were accustomed to seeing buyer-agent compensation listed in the MLS. That is no longer the case. Offers of compensation can still be made and negotiated, but they cannot be displayed on the MLS. Buyer-agent compensation may now be handled through a buyer-broker agreement, seller concession, listing-broker offer made off-MLS, or another structure allowed in your state and brokerage policy.
The big takeaway for agents: Don’t assume the commission split is automatic. Compensation needs to be clearly negotiated, documented, and communicated.
How real estate commission splits work
Real estate commission is the fee paid to real estate brokers and agents for helping clients buy, sell, or lease property. It is typically based on a percentage of the sales price, though commissions are always negotiable and may also be structured as flat fees or other agreed-upon compensation models.
In a traditional sale, the seller signs a listing agreement with the listing broker. That agreement outlines the listing broker’s compensation. Separately, the buyer signs a written buyer agreement with their buyer’s agent outlining how they will be compensated.
That buyer-agent compensation may come from the buyer directly, from the seller through a concession or negotiated term, from the listing broker through an off-MLS offer, or through another legal arrangement approved by the brokerage and state rules.
Example: Commission split between brokerages
Let’s say a home sells for $500,000 and the total negotiated compensation across the transaction equals 5%.
Sale price: $500,000
Total compensation: 5%
Total commission: $25,000
If the listing side receives 2.5% and the buyer side receives 2.5%, each side receives:
$500,000 x 2.5% = $12,500
That $12,500 is paid to the brokerage, not directly to the agent. From there, the brokerage pays the agent in accordance with the agent’s independent contractor agreement.
Example: Agent commission split with brokerage
Now let’s say the buyer’s agent has a 70/30 split with their brokerage.
Buyer-side commission: $12,500
Agent split: 70%
Brokerage split: 30%
Agent earnings: $12,500 x 70% = $8,750
Brokerage earnings: $12,500 x 30% = $3,750
The above is a basic commission split, and it’s imperative that agents understand it. The transaction determines how much compensation comes into the brokerage, and the agent’s brokerage agreement determines how much of that commission the agent keeps.
Commission Split Calculator
Use The Close’s commission split calculator below to quickly calculate your take home money!
How the August 2024 commission changes affect agents
The August 2024 commission practice changes did not eliminate real estate commissions. They changed how compensation is communicated and negotiated.
Here’s what agents need to know:
- Offers of buyer-broker compensation can no longer be displayed on the MLS.
- Buyer agents must have a written buyer agreement before touring homes with a buyer.
- Commissions remain negotiable.
- Sellers can still offer compensation to buyer brokers, but those offers must happen off-MLS.
- Buyers and sellers need clear explanations of who is paying what and when.
- Agents need to be prepared to explain their value, especially on the buy side.
For agents, this places a greater emphasis on consultation. Buyer agents must be ready to explain their services, their fee, what the buyer agreement means, and how compensation could be paid. Listing agents must be ready to explain seller options, including whether offering buyer-broker compensation or concessions may help attract buyers.
The old “the seller pays both sides” explanation is no longer enough. A better explanation is that compensation is negotiable, must be documented, and depends on the parties’ agreement.
Buyer representation agreements and commission splits
One of the biggest changes agents need to understand is the requirement for a written buyer agreement. As of NAR’s August 2024 practice changes, agents working with buyers must have a written agreement in place before touring a home.
That agreement should clearly explain the agent’s services and compensation. In practical terms, this means buyer agents can no longer rely on a vague assumption that compensation will be offered through the MLS. The buyer agreement should spell out how much the agent will be paid, how that amount is calculated, and when compensation is due.
For agents, this matters because it affects both client conversations and commission planning. If a buyer agrees to pay your fee, but the seller or listing broker later offers compensation or concessions, your agreement and brokerage policy should determine how that payment is handled.
The key is making sure buyers understand their options before they start seeing homes.
A strong buyer representation agreement should clearly cover:
- The services the agent will provide.
- The length of the agreement.
- Whether the agreement is exclusive or nonexclusive.
- The agent’s compensation amount or formula.
- When compensation is owed.
- Whether seller-paid compensation or concessions may offset the buyer’s obligation.
- Any retainer, cancellation, or termination terms.
- Brokerage disclosures required in your state.
This is also where agents need to sharpen their buyer consultation. Instead of saying, “The seller pays my commission,” agents should explain that commissions are negotiable, compensation must be documented, and buyers deserve to understand exactly what they are agreeing to before touring homes.
As a real estate agent, I believe the best practice is to have this conversation in person. It’s important to explain your value, clearly document your compensation, and ensure your buyer understands how your fee works before you open the first door.
Why commission splits matter more now
Real estate commission splits have always affected agent income, but the post-August 2024 environment makes them even more important.
Agents now need to understand not only their brokerage split, but also how different compensation structures affect their paycheck. A buyer agent may be paid through a buyer agreement, a seller concession, or another negotiated arrangement. A listing agent may need to advise a seller on how compensation strategy could affect buyer demand, net proceeds, and offer strength.
This means agents should be reviewing three things more carefully:
- Their brokerage agreement: What percentage do you keep, and what fees come out before or after the split?
- Their buyer or listing agreements: How is compensation documented and when is it earned?
- Their client conversations: Are you explaining commission clearly, accurately, and confidently?
This is also a good time to revisit your scripts. Clients are hearing more about commissions in the media, and many have questions. Agents who can explain commission splits simply and professionally will have an advantage.
Types of real estate commission splits
Real estate agent commission splits determine how earnings from property transactions are divided between agents and their brokerages. These splits vary by brokerage model, agent experience, production level, market, and negotiated agreement.
Each split model has benefits and drawbacks. The right structure depends on how much support you need, how much business you generate, and whether you prefer a lower-risk model or more control over your expenses.
A fixed percentage split is one of the most common models. The agent and brokerage split the commission based on a set percentage agreed upon in advance.
Common examples include:
- 50/50 split
- 60/40 split
- 70/30 split
- 80/20 split
For example, if your brokerage split is 70/30, you keep 70% of your commission, and your brokerage keeps 30%. This model is straightforward to understand, which makes it common for both new and experienced agents.
The trade-off is that you may continue to give the brokerage the same percentage even as your production increases, unless your agreement includes a graduated structure or a cap.
A graduated split changes as the agent hits specific production milestones. For example, an agent might start the year at a 60/40 split, move to 70/30 after reaching a certain gross commission income level, and move to 80/20 after reaching another milestone. This model rewards production and gives agents an incentive to grow their business.
Graduated splits can be great for motivated agents, but make sure you understand exactly when the higher split applies. Ask whether the split resets each year, whether team production counts, and whether fees are deducted before or after the split.
A cap system requires agents to pay the brokerage a set amount each year. Once the agent reaches that cap, they may keep 100% of their commission for the rest of the cap year, minus any transaction, franchise, compliance, or administrative fees.
For example, if your brokerage cap is $18,000, you split commission with the brokerage until the brokerage has received $18,000 from your production. After that, you may move to 100% commission for the remainder of the year. This model can be attractive for high-producing agents because it limits how much they pay the brokerage annually.
Under a 100% commission plan, agents typically keep all of their commission and pay the brokerage through monthly, transaction, and desk fees, or a combination of these expenses. This model can be profitable for agents with consistent production, but risky for newer agents or those with unpredictable income. If you are not closing regularly, monthly fees can add pressure quickly.
Before choosing a 100% commission plan, calculate your break-even point. Make sure the savings are worth the cost of any reduced support, training, leads, office resources, or broker availability.
Team splits are common when agents join a real estate team. The team leader may provide leads, admin support, systems, mentorship, or brand recognition in exchange for a portion of the agent’s commission. A team split might look like 50/50, 60/40, or another arrangement depending on whether the lead came from the team or the agent. Some teams use different splits for team-generated leads, agent-generated leads, buyer-side deals, listing-side deals, and referrals.
Before joining a team, get clear on:
- Who owns the lead
- Who owns the client relationship
- What happens if you leave the team
- Whether splits differ by lead source
- Which expenses come out before the split
- Whether admin, transaction coordination, marketing, or showing support is included
Team splits can be a great option for newer agents or agents who want more structure, but the details matter.
Who pays the real estate commission?
This is the section agents need to be especially careful with after the August 2024 practice changes. Historically, many residential transactions were structured so that the seller paid a listing broker commission, and the listing broker offered compensation to the buyer’s broker through the MLS.
Today, commission can still be paid in several ways, depending on the agreements, negotiations, state rules, and brokerage policy.
- Seller-paid compensation: A seller may still choose to offer compensation to a buyer’s broker, but that offer cannot be displayed on the MLS. The offer may be communicated off-MLS or negotiated as part of the transaction. A seller may do this to make the property more attractive to buyers, especially buyers who may not have extra cash available to pay their agent directly.
- Buyer-paid compensation: A buyer may agree to pay their agent directly through a written buyer agreement. That agreement should clearly explain the agent’s compensation, including the amount or rate and when it is due. This is why buyer consultations are so important. Buyer agents need to explain their services, their fee, and the buyer’s options before touring homes.
- Seller concessions: A buyer may ask the seller for concessions that help cover buyer-side costs, including buyer-agent compensation, where allowed. This can become part of the offer negotiation. Agents should be careful to follow state law, MLS rules, lender guidelines, and brokerage policy when discussing concessions.
- Listing broker compensation: In some cases, a listing broker may offer compensation to a buyer broker off-MLS. Again, this depends on the transaction, agreements, brokerage policy, and local rules.
- Rental commissions: In rental transactions, commission payment structures vary widely by market. In some areas, landlords pay the commission. In others, tenants may pay the agent directly. Rental agents should confirm local norms, brokerage policy, and written agreement requirements before working with renters.
Dual agency and commission splits
Dual agency can occur when one agent or brokerage represents both the buyer and the seller in the same transaction, where allowed by state law. In a dual agency situation, the agent may not have to split the transaction-side commission with another agent, which can increase earnings. However, dual agency also creates serious disclosure and conflict-of-interest concerns. Agents must disclose dual agency and obtain required written consent from both parties where applicable.
Some states restrict or prohibit dual agency, and many brokerages have strict policies around it. Always follow your state law and brokerage guidance before entering into a dual-agency transaction.
How to negotiate your commission split
Once agents complete their real estate license and choose a brokerage, they usually sign an independent contractor agreement. This agreement outlines duties, responsibilities, fees, and commission splits.
Your brokerage split has a major impact on your income, so it is worth reviewing regularly. As you gain experience, increase production, build your brand, or bring more value to the brokerage, you may be able to negotiate better terms.
Here are practical ways to negotiate your real estate commission split:
Before entering a negotiation, gather your production metrics. Include your sales volume, gross commission income, number of closed transactions, average price point, client reviews, lead conversion rate, and any referrals or recruiting value you bring to the brokerage. The stronger your numbers, the stronger your case.
Research what other brokerages in your area offer. Compare not only the split, but also caps, monthly fees, transaction fees, lead programs, marketing support, training, tech tools, and broker accessibility. A higher split is not always better if you lose support that helps you close more deals.
Do not walk into the conversation with only “I want a better split.” Show how your production, professionalism, client service, and brand presence benefit the brokerage. If you mentor newer agents, help with office culture, bring in referrals, support team growth, or represent the brokerage well in the community, include that in your case.
The best time to negotiate is after a strong production period, a major closing, a successful year, or an annual review. Avoid negotiating from frustration. Come in prepared, professional, and specific.
If your broker is hesitant to increase your split immediately, propose a graduated split or production-based milestone. For example, you might ask to move from 70/30 to 80/20 after reaching a specific gross commission income (GCI) threshold.
This gives the brokerage a reason to say yes because the higher split is tied to performance.
If a higher split is not available, negotiate other benefits. You may be able to get more marketing support, better leads, lower transaction fees, admin help, signage, CRM access, coaching, or flexibility around expenses. Sometimes those benefits are worth more than a small split increase.
Any change to your commission split should be documented in writing. Do not rely on a verbal agreement. Your independent contractor agreement or addendum should clearly state the split, cap, fees, reset dates, and any conditions attached to the new terms.
What factors affect commission income?
Your commission split is only one part of your income. Several factors affect how much you actually take home from a real estate transaction.
- Commission rate or fee: The total commission or fee negotiated in the transaction affects the size of the commission pool. Commissions are negotiable and may vary by market, property type, client agreement, and services provided.
- Buyer-side compensation changes: After the August 2024 practice changes, buyer agents need to pay close attention to how their compensation is documented. The amount a buyer agrees to pay, the amount a seller is willing to offer, and the final negotiated terms can all affect the buyer agent’s commission.
- Brokerage split: Your agent-broker split determines how much of your side of the commission you keep. This can be a fixed percentage, a graduated split, a capped model, a 100% commission plan, or a team split.
- Brokerage and transaction fees: Fees can make a big difference in your net income. Watch for transaction fees, franchise fees, desk fees, technology fees, E&O fees, admin fees, marketing fees, and monthly office fees.
- Referral fees: If you receive a client from a referral partner or relocation company, a referral fee may come off the top before your brokerage split is calculated. Always understand whether fees are deducted before or after your split.
- Team splits: If you are on a team, the team split may apply before or after the brokerage split depending on your agreement. This can significantly affect your take-home pay.
- Market conditions: Inventory, buyer demand, price points, interest rates, and local competition all affect how many transactions you close and how much income you earn. In slower markets, agents may need to adjust lead generation, pricing conversations, and expense management.
- Property type: Residential, luxury, commercial, leasing, new construction, and referral transactions may all have different commission structures. Do not assume every deal will follow the same split.
Average real estate commissions across the US
Understanding average commission rates can help agents set realistic expectations, but averages should not be treated as rules. Commissions are negotiable and vary by market, brokerage, service level, property type, and client agreement. The average real estate commission in the United States has historically been around 5% to 6% of the sale price, typically split between the listing and buyer sides when both sides are compensated.
Since the 2024 practice changes, agents should be especially careful not to imply that any specific commission is standard or required.
If you include average commission data by state, use it as market context, not as a script. Local competition, property values, brokerage models, listing strategy, buyer demand, and state-specific practices can all affect what clients and brokers negotiate. The most important takeaway for agents is not that a specific state has a specific “normal” commission. It is that your income depends on the compensation negotiated in the client agreement, your brokerage split, and any fees, caps, referrals, or team splits that apply before you get paid.
Frequently asked questions (FAQs)
The typical commission split between an agent and broker varies widely. Common arrangements include 50/50, 60/40, 70/30, and 80/20 splits. Some brokerages also use graduated splits, caps, team splits, or 100% commission models. The right split depends on your experience, production, brokerage support, expenses, and market.
A 60/40 commission split means the agent receives 60% of the commission paid to the brokerage for the agent’s side of the transaction, while the brokerage keeps 40%. For example, if your side of the commission is $10,000, a 60/40 split would give you $6,000 before any additional fees, referral payments, team splits, or taxes.
Yes, sellers can still offer buyer-agent compensation, but that offer cannot be displayed on the MLS. Sellers may choose to offer compensation or concessions as part of their overall negotiation strategy, depending on their goals, market conditions, and their agent’s advice.
Bringing it all together
Real estate commission splits are not just back-office math. They shape your income, your brokerage choice, your client conversations, and your long-term career strategy. After the August 2024 commission practice changes, agents need to be sharper than ever about how compensation works. It is no longer enough to say that the seller pays the commission and the agents split it.
Today’s agents need to understand written buyer agreements, off-MLS compensation conversations, seller concessions, brokerage splits, team splits, caps, and fees.
The agents who win in this environment will be those who can clearly explain their value, properly document compensation, and choose a brokerage model that supports how they actually build business. Know your numbers, read your agreements, and make sure every split you accept is helping you move toward a stronger, more profitable real estate career.
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