Realtor commissions in New York are negotiable and not set by law. Recent agent surveys put the total commission at roughly 4.6% to 5.7% of the sale price, usually split between the seller’s agent and the buyer’s agent. On a $600,000 home, that is about $27,600 to $34,200 in total. The seller usually pays it out of the sale proceeds, but who pays the buyer’s agent depends on the contract.
This guide covers how much agents charge, who pays, what changed after the NAR settlement, New York-specific rules and costs, and how to pay less without losing service. It is written for people buying or selling a home, and it is general information, not legal or financial advice.
Quick Answers
| Question | Short answer |
| Is the commission fixed by law in New York? | No. It is negotiable. |
| Typical total commission (2026 surveys) | About 4.6% to 5.7% of the sale price |
| Who usually pays? | The seller pays the listing agent. The buyer’s agent may be paid by the seller, the buyer, or both, depending on the agreements. |
| Is a 50/50 split required? | No. |
| Do buyers need a written agreement? | Generally yes, before touring homes with an agent covered by the NAR rules |
| Do NYC renters pay broker fees? | Not usually since June 11, 2025 (FARE Act). The party that hires the broker pays. |
1. What Are Realtor Commissions in New York?
A realtor commission is the fee a brokerage earns for helping with a sale. Depending on the agreement, it can cover marketing and listing, showings, finding suitable properties, negotiating offers, coordinating the transaction and helping through closing.
Commissions are most often a percentage of the sale price, but flat fees and other structures exist. Whatever the structure, get it in writing before you sign.
2. How Much Do Realtors Charge in New York?
There is no official statewide average, so the best available numbers come from industry surveys. They differ, so treat them as a range, not a rule.
| Source (2026) | Total commission | Listing agent | Buyer’s agent |
| Clever Real Estate, New York statewide (August 2026 survey, 25 New York agents) | 4.62% | 2.41% | 2.21% |
| Clever Real Estate, New York average cited on its discount-broker page (October 2026) | 5.69% | 2.93% | 2.76% |
| Clever Real Estate, national (February 2026 survey) | 5.70% | 2.88% | 2.82% |
These are agent surveys, not transaction data, and the New York sample is small. Reporting on New York City in April 2026 found that rates have not dropped meaningfully since the NAR changes, and that brokers describe buyers asking for proof of value earlier in the process.
What that means in dollars
| Sale price | At 4.5% | At 5% | At 5.7% |
| $400,000 | $18,000 | $20,000 | $22,800 |
| $600,000 | $27,000 | $30,000 | $34,200 |
| $1,000,000 | $45,000 | $50,000 | $57,000 |
These figures are illustrations using the survey range, not recommended rates. Your actual commission is whatever you negotiate.
3. Who Pays Realtor Commissions in New York?
- Listing (seller’s) agent: The seller agrees to pay the listing brokerage in the listing agreement, and the fee normally comes out of the sale proceeds at closing.
- Buyer’s agent: Paid under the buyer’s own agreement with the agent. The seller may agree to contribute, or the buyer may pay directly. One 2026 industry explainer notes that if the seller does not cover it, buyers could face an extra 2.5% to 3% of the price out of pocket. Treat this as an illustration.
- Do not assume the seller automatically pays every agent involved. Ask who is paying whom, in writing.
4. Listing Agent vs. Buyer’s Agent
| Listing agent | Buyer’s agent |
| Represents the seller | Represents the buyer |
| Prices and markets the property | Searches for and shortlists properties |
| Runs showings and open houses | Arranges viewings |
| Negotiates for the seller | Negotiates for the buyer |
| Coordinates the seller’s side of closing | Supports the buyer through closing |
Each brokerage’s fee is separately negotiated. There is no mandatory 50/50 split.
5. How the NAR Settlement Changed Commissions
Under rules that took effect on August 17, 2024:
- Offers of buyer-agent compensation can no longer be advertised on the MLS.
- Covered agents generally need a written agreement with the buyer before touring a home, including live virtual tours. The compensation must be clearly stated, not open-ended.
- Sellers are not required to offer buyer-agent compensation, but may still choose to, and buyer-agent pay stays negotiable.
What happened afterwards: Redfin data cited in a June 2026 report shows the average buyer’s-agent fee dipped slightly after the rules took effect and then returned to about its earlier level by 2025. Fees did not collapse, but the way they are discussed and documented changed. For more detail, see the NAR settlement FAQs.
6. New York-Specific Rules to Know
- Compensation is not regulated. According to the New York Department of State, broker commissions are not set by statute or regulation, so amount and terms are negotiable. See its real estate broker FAQ.
- Agency disclosure form. For residential sales, New York Real Property Law Section 443 requires agents to give buyers and sellers a written disclosure explaining agent roles (seller’s agent, buyer’s agent, dual agent) and their duties, and to get a signed acknowledgment. If one agent represents both sides, both parties must give informed written consent. Read it before signing.
- Rentals are different. For NYC rentals, the FARE Act, effective June 11, 2025, requires the party that hires the broker, usually the landlord, to pay that broker. It does not change how home-sale commissions work.
- Attorneys. Not legally required for a sale in New York according to some industry sources, but widely used. In and around NYC, one local listing site cites about $1,800 to $3,000 or more, often as a flat fee. Other sources cite lower flat fees for simple closings.
- Other seller costs. One 2026 survey puts average New York seller closing costs at about 2.78% of the price, including transfer tax of roughly 0.40%. Confirm what is included in any estimate you are given.
7. What Affects Your Rate?
- Price: Higher-value homes often involve different negotiated terms.
- Location: NYC, Long Island, Buffalo and upstate markets behave differently.
- Marketing needs: Photography, staging and special promotion can change the service package.
- Agent experience: Track record and market knowledge influence what an agent can justify charging.
- Competition: Compare several brokerages before choosing.
8. How to Pay Less Without Losing Service
Lower fees are possible, but compare what you actually get.
| Option | What it looks like (New York, Oct 2026 examples) | Watch out for |
| Reduced-commission brokerage | Listing fees listed around 1% to 2.25% | The discount usually applies only to the listing side. You may still owe the buyer’s agent. |
| Flat-fee listing | Flat fees from about $99 upfront to $4,999 at closing | Upfront fees can be nonrefundable. Photography or staging may cost extra. |
| Minimum-fee brokerages | A fixed minimum applies, for example about $4,500 for one large brokerage’s New York state listings | On lower-priced homes the effective rate can exceed the advertised percentage. |
| Negotiate with a full-service agent | Ask for a lower rate in exchange for a longer term, a quick listing, or fewer add-ons | Confirm what services are removed. |
Prices change often, so verify each company’s current terms.
Pros of paying less: More money in your pocket, and some low-fee firms perform well. Cons: Some firms offer fewer services or less hands-on attention, and fees can add up once add-ons are included.
9. Checklist: What to Ask Before You Sign
- What is the total commission, and what does it include?
- Who pays the buyer’s agent, and how much?
- How long does the agreement last, and can I cancel?
- What marketing and services are included, and what costs extra?
- Is there a minimum fee or an upfront nonrefundable fee?
- Does the agent represent both sides (dual agency)? If so, what do I have to consent to?
- Have I received and understood the New York agency disclosure form?
- Have I compared at least three agents or brokerages?
Final Thoughts
New York commissions are negotiable, and 2026 surveys point to a typical total in the mid-4% to high-5% range. The number that matters is the one in your signed agreement. Compare services as well as percentages, confirm who pays the buyer’s agent, and have an attorney review contracts you are unsure about.
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Frequently Asked Questions
Are realtor commissions negotiable in New York?
Yes. According to the New York Department of State, broker compensation is not regulated by statute or regulation, so the amount and terms are negotiable.
What is the average realtor commission in New York?
There is no official average. Recent surveys put the total at about 4.6% to 5.7%, split between the listing and buyer’s agents.
Who pays the realtor in New York, the buyer or the seller?
The seller normally pays the listing agent. The buyer’s agent may be paid by the seller, the buyer, or both, depending on the agreements. Confirm it in writing.
Can buyers negotiate their agent’s fee?
Yes. Buyers can negotiate the fee, services and length of the representation agreement, and may ask the seller to contribute.
What changed after the 2024 NAR settlement?
Buyer-agent compensation can no longer be advertised on the MLS, and covered agents generally need a written agreement with the buyer before home tours. Compensation remains negotiable.
Is a 50/50 commission split mandatory?
No. Each brokerage’s compensation is set by its own agreement.
Do I need a lawyer to buy or sell a home in New York?
Not required by law according to some industry sources, but many buyers and sellers use one. Costs vary, with one NYC-area source citing roughly $1,800 to $3,000 or more.
Do renters still pay broker fees in NYC?
Under the FARE Act, effective June 11, 2025, the party that hires the broker pays. For a landlord-hired broker, that is the landlord.
Is a flat-fee or discount broker a good idea?
It can save money, but the discount may cover only the listing side, and some fees are nonrefundable. Compare services and total cost.