NYC Buyer Guide · 2026 Commission Rules
The rules changed in 2024, and most buyers still do not understand what they signed. Here is who actually pays a buyer's agent in New York now, in plain English.
Not necessarily. Since a national settlement took effect in August 2024, buyer-agent compensation is negotiated on each deal instead of being advertised up front. In practice, a large share of NYC sellers still choose to pay the buyer's agent because it makes their home easier to sell. The difference is it is no longer automatic, so your agent now has to ask the listing side what they are offering, deal by deal.
It is a written contract you now sign before an agent represents you as a buyer. It spells out three things: what your agent will do for you, how your agent gets paid, and how you can end the relationship. The compensation number in it is negotiable, it is not fixed and it is not set by law. Read that line, ask what it means, and ask how your agent handles it when a seller is not offering to pay.
In New York, that is usually a mistake. The agent at an open house works for the seller and is legally bound to get the seller the best price and terms, not to protect you. In an attorney-driven, high-stakes market like Staten Island and Brooklyn, going unrepresented means no one at the table is on your side. A good buyer's agent earns their keep in the negotiation and the inspection alone.
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This is general information, not legal advice. Confirm anything specific to your contract with your own real estate attorney.
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