If you are buying or selling a home in Wake County in 2026, one part of the deal has changed more than any other in the last two years: how real-estate agent commissions work and who pays the buyer’s agent. A national legal settlement involving the National Association of Realtors (NAR) took effect on August 17, 2024, and it reshaped how agent pay is disclosed, agreed to, and negotiated. This guide explains the rules in plain English for Wake County buyers and sellers — what a commission is, what the settlement changed, what North Carolina requires in writing, and who actually pays the buyer’s agent now. For current market conditions while you plan, see the latest Wake County market report.
What a Real-Estate Commission Is
A commission is the fee paid to the real-estate agents (technically, their brokerage firms) for their work in a sale. Traditionally it has been quoted as a percentage of the sale price and paid at closing out of the sale proceeds. A total commission has historically been split between two sides: the listing agent, who represents the seller, and the buyer’s agent, who represents the buyer.
The single most important thing to understand — and the thing the settlement made explicit — is that commission rates are not set by law and never have been. There is no standard, required, or government-set percentage in North Carolina or anywhere else. Every fee is negotiable between the client and their agent.
What the NAR Settlement Changed (2024)
The settlement, which took effect on August 17, 2024, made three practical changes that every Wake County buyer and seller now lives with:
- Buyer-agent pay is no longer advertised in the MLS. Before the settlement, the listing typically published an offer of compensation to whatever agent brought the buyer. That offer has been removed from the Multiple Listing Service. Compensation for the buyer’s side is now worked out separately, deal by deal.
- Buyers must sign a written buyer-agency agreement before touring homes. An agent who is an MLS participant must have a signed written agreement with a buyer before showing homes. That agreement spells out how much the buyer’s agent will be paid and who is expected to pay it.
- Everything must be disclosed as negotiable. The paperwork has to state clearly that commission amounts are not fixed by law and are fully negotiable — a percentage, a flat fee, or another agreed structure.
None of this eliminated agents or commissions. It made the fee an explicit, negotiated, written term instead of a background assumption.
North Carolina’s Rules: Disclosure First, Then a Written Agreement
North Carolina layered its own long-standing agency rules on top of the national settlement, and they work in a specific order.
The Working With Real Estate Agents Disclosure. At “first substantial contact,” a North Carolina agent must give you the state’s Working With Real Estate Agents disclosure published by the North Carolina Real Estate Commission. This is not a contract — it is an information sheet that explains the three ways an agent can work with you: as a seller’s agent, a buyer’s agent, or (only with written permission) a dual agent. You are not hiring anyone by receiving it.
The written buyer-agency agreement. If you want an agent to represent you as a buyer, North Carolina requires a written buyer-agency agreement in place before you make a written or oral offer on a home. That agreement must state the agent’s compensation and must include a conspicuous disclosure that the commission is not set by law and is fully negotiable. In practice, since the 2024 settlement, buyers are signing that written agreement earlier — before touring — rather than at offer time.
Dual and designated agency. When one firm ends up representing both the buyer and the seller in the same transaction, North Carolina requires the express, informed, written consent of both parties before the firm can continue in that limited role. Read anything you sign carefully and ask your agent to explain the limits of dual or designated agency before you agree to it.
Who Pays the Buyer’s Agent Now
This is the question that changed the most. Before 2024, most buyers never thought about paying their own agent because the seller’s side effectively covered it through the MLS offer. Now the answer is negotiated on every deal, and there are three common paths:
- The seller offers to cover it (or gives a concession). Sellers can still choose to pay the buyer’s agent or offer a closing-cost concession the buyer applies toward that fee. Many sellers in Wake County still do, because it widens the pool of buyers who can afford the home. The difference is that it is now negotiated in the offer rather than promised in advance through the MLS.
- The buyer pays their agent directly. If the seller does not cover it, the buyer is responsible for the fee set in their buyer-agency agreement. This is real money a buyer now has to plan for, so budget for the possibility from the start.
- A split or credit. Buyer and seller can agree to share the cost, or the seller can credit part of it at closing. Everything here is a term you write into the offer and purchase contract.
Because this cost can land on the buyer, it belongs in your budget from day one alongside your down payment and closing costs. Work it into your numbers with our how-much-house-can-I-afford guide, the total cash-to-close guide, and the Wake County closing-costs guide — and remember North Carolina’s due-diligence fee is another up-front number to plan around.
How Much Are Commissions in 2026?
There is no set rate, so any number is a starting point for negotiation, not a rule. As a rough rule of thumb, buyer-agent fees are often discussed in the range of about two to three percent of the price, and total commissions (both sides combined) have commonly sat near five to six percent — but these are negotiable and vary by agent, service level, and deal. Notably, commissions did not collapse after the settlement the way some predicted; national averages have stayed broadly similar. What changed is that the number is now openly negotiated and put in writing rather than assumed.
Treat every percentage you hear as a talking point. You can ask an agent to justify their fee, compare what different agents offer for the money, and negotiate structure (percentage, flat fee, or a cap). For where prices sit today in Wake County — which drives the dollar size of any percentage — check the current market report.
What This Means If You Are Buying
Read the buyer-agency agreement before you sign it, and make sure you understand the fee, the length of the agreement, and whether it is exclusive. Ask how the fee gets handled if the seller covers all, part, or none of it. Then build the possibility that you pay your agent into your budget so it is not a surprise at closing. If you are early in the process, start with our get-mortgage-ready checklist, the first-time home buyer guide, and North Carolina’s first-time-buyer assistance programs. When you are ready to write an offer, our how-to-make-an-offer guide covers where buyer-agent compensation fits into the terms.
What This Means If You Are Selling
As a seller you now decide whether to offer buyer-agent compensation or a concession, and it is a strategic choice rather than an automatic line item. Offering it can attract more buyers; declining may narrow your pool but keeps more in your pocket if the buyer covers their own agent. Either way, any commission you agree to pay comes out of your sale proceeds at closing. See how it flows through the numbers in our seller net-proceeds guide, and plan the wider sale in our how-to-sell-your-home guide.
The Bottom Line
The 2024 NAR settlement did not abolish commissions — it dragged them into the open. In Wake County today, buyer-agent pay is negotiated on each deal, buyers sign a written agreement that spells the fee out up front, and both buyers and sellers should treat the number as fully negotiable and not set by law. For buyers, budget for the chance you pay your own agent; for sellers, decide deliberately whether covering the buyer’s side helps you sell. Know the rules, get the fee in writing, and negotiate. For straight-talk Wake County buyer and seller guides plus monthly market data, start here.
Frequently Asked Questions
Who pays the buyer’s agent in North Carolina now?
It is negotiated on every deal. The seller may agree to cover the buyer’s agent fee or offer a concession toward it, the buyer may pay their own agent directly, or the two sides may split it. Since the NAR settlement took effect in August 2024, buyer-agent compensation is no longer advertised in the MLS and is worked out in the offer instead.
Are real-estate commissions set by law in North Carolina?
No. There is no standard, required, or government-set commission rate in North Carolina. Every fee is negotiable between the client and their agent, and North Carolina requires the buyer-agency agreement to state conspicuously that the commission is not set by law and is fully negotiable.
Do I have to sign a buyer-agency agreement before seeing homes?
Generally yes. Under the 2024 settlement rules, an agent who participates in the MLS must have a written buyer-agency agreement signed before touring homes with you. In North Carolina, a written buyer-agency agreement must also be in place before you make a written or oral offer. The agreement spells out your agent’s fee and who is expected to pay it.
What is the Working With Real Estate Agents disclosure?
It is an information sheet from the North Carolina Real Estate Commission that agents must give you at first substantial contact. It explains the difference between a seller’s agent, a buyer’s agent, and a dual agent. It is a disclosure, not a contract — receiving it does not hire anyone or obligate you to work with that agent.
Did the NAR settlement make commissions cheaper?
Not dramatically. National averages have stayed broadly similar rather than dropping the way some expected. What changed is transparency: commission amounts are now openly negotiated and put in writing rather than assumed, which gives buyers and sellers more room to ask for and agree to a different fee.
Related reading: How to Make an Offer · Due-Diligence Fee · Closing Costs · Cash to Close · How Much House Can I Afford? · Seller Net Proceeds · How to Sell Your Home · Buy vs. Rent · Wake County Market Report
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Wake Market Watch is an independent real-estate information resource for Wake County, North Carolina. We are not a real-estate broker, mortgage lender, settlement-service provider, or financial, tax, legal, or investment adviser; we do not represent buyers or sellers and do not negotiate commissions. Agency rules and commission practices change and vary by transaction — verify current requirements with the North Carolina Real Estate Commission and a licensed North Carolina broker before you act. Nothing here is individualized advice; whether and when you work with any agent is entirely your choice, and no agent or lender will contact you through this site.