New 2026 research suggests that written buyer agreements have made fees and representation more visible, but commissions themselves have not necessarily fallen.
A Zillow survey of 366 U.S. real estate agents found that 89% believe written agreements outlining compensation and services benefit buyers. It also found that 77% said fee negotiation benefits buyers, compared with 46% who said it benefits agents.
The NAR settlement-era rules changed how that conversation happens. MLS participants working with buyers generally must enter a written agreement before touring a home, clearly define compensation and disclose broker fees as negotiable. Offers of buyer-agent compensation can also no longer be communicated through an MLS.
Yet the available 2026 data suggests commissions have not fallen sharply.
Research from the Consumer Federation of America and National Urban League found that only 7% of 223 housing counselors surveyed across 37 states said their first-time buyer clients were paying lower commissions than a year earlier. Two-thirds said their clients negotiated agent fees never, rarely, or only sometimes.
For Nick Nastos, real estate broker and founder of Chicago’s Property Shop, that makes the buyer agreement worth discussing before the home search gets serious.
“The mistake is treating the agreement like paperwork you sign so you can start looking at houses,” Nastos says. “It sets out how the relationship will work, what the agent will handle and what the buyer is agreeing to pay.”
Here are the five terms buyers should discuss before signing.
- The length of the agreement. Buyers should know how long they are committing to work with an agent and whether that timeframe fits their search.
- The compensation terms. Ask how the fee is calculated, when it becomes due and what the buyer could personally owe.
- Possible seller contributions. Buyers can ask whether seller-paid buyer-agent compensation may be negotiated as part of an offer and how that would affect their own obligation.
- The services included. Clarify what the agent will provide, including showings, comparable-sales research, offer preparation, negotiations and closing guidance.
- How the agreement can end. Buyers should understand the cancellation terms and whether any obligations continue after the relationship ends.
Nastos says buyers should have those conversations before they become focused on a particular property.
“Once a client finds a house they really want, decisions start moving quickly,” he says. “It is much easier to understand the fee, the services and the expectations before they are ready to make an offer.”
