REAL ESTATE COMMISSION

Real Estate Commission in California: Average Rates, the New Rules and Who Pays

No law sets real estate commissions in California, and an August 2026 survey of 50 California agents put the average total at 5.08% of the sale price: 2.57% for the listing side and 2.51% for the buyer's agent. On California's typical $761,538 home, that is about $38,686. This guide explains how commissions are paid, the 2024 settlement changes and California's 2025 buyer-broker law, who pays each side and how to negotiate.

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Real estate commission in California: the short answer

California does not set real estate commissions. State law requires every listing and buyer agreement for a home of one to four units to say so, in bold type, right before the compensation terms: "The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller and broker" (Business and Professions Code section 10147.5, with matching wording for buyer agreements). The same law bars printing a rate on those forms, so the number is always filled in by hand.

What agents actually charge comes from surveys, not from any official record. Clever Real Estate's August 2026 survey, which included 50 agents in California, put the average listing commission at 2.57% and the average buyer's agent commission at 2.51%, for a total of 5.08%. Clever sells discounted agent services, and 50 responses is a small sample, so treat those figures as a rough guide rather than a statewide statistic.

Since August 17, 2024, the national practice changes from the National Association of REALTORS settlement, and since January 1, 2025, California's own buyer-broker law, mean the listing commission and the buyer's agent commission are now negotiated separately. The rest of this guide explains the rules, the math and how to negotiate.

How real estate commission works in California

The commission is paid to the broker, not the agent

In California, a salesperson can be paid for real estate work only through the broker they are licensed under (Business and Professions Code section 10137). The commission goes to the brokerage at closing, and the brokerage pays the agent their share under their own agreement. That is why a listing agreement names a brokerage, and why "my agent takes home 5%" is rarely true.

Listing agreements: what the seller signs

A seller signs a listing agreement with a brokerage before the home goes on the market. It sets the commission, the length of the listing, whether the seller will offer anything toward the buyer's agent, and what happens if the seller cancels. Before signing, the listing agent must give the seller the state's agency disclosure form (Civil Code section 2079.14).

Buyer-broker agreements: what the buyer signs

Since January 1, 2025, Civil Code section 1670.50 (added by AB 2992) requires a written buyer-broker representation agreement no later than when the buyer signs an offer. It must cover the broker's compensation, the services provided, when compensation is due and how the contract ends. The agreement cannot last more than three months, cannot renew automatically, and is void if it breaks those limits. The three-month cap does not apply when the buyer is a corporation, LLC or partnership.

Paid through escrow at closing

Commissions are paid from the escrow account when the sale closes. If the sale falls through, the broker is usually not paid, although many listing agreements include terms for a seller who cancels or refuses a full-price offer. Read the "compensation" and "termination" paragraphs before signing.

What changed in 2024 and 2025

The NAR settlement practice changes (August 17, 2024)

Under the settlement, the National Association of REALTORS changed two practices nationwide on August 17, 2024. First, REALTOR multiple listing services may no longer publish offers of compensation to buyer's agents. Second, agents working with a buyer must have a written agreement before touring a home. NAR's consumer pages say the compensation in a buyer agreement must not be open-ended and must be "objectively ascertainable," and an agent may not receive more than the amount agreed in it.

Sellers can still pay toward the buyer's agent

NAR says a seller "can choose to offer, or authorize your agent to offer, compensation to a buyer's agent" and may offer concessions to attract buyers or close a deal. The difference is that these offers are no longer posted on the MLS. They are made directly or written into the purchase contract, often as a request from the buyer.

California's buyer-broker rule (January 1, 2025)

California went further than the settlement by putting the buyer agreement into state law. The agreement is mandatory by the time of the offer, limited to three months at a time, and any renewal must be in writing, dated and signed by everyone. A licensee who breaks the rule has violated their licensing law (section 1670.50(e)).

Worked example: commission on a typical California home

The table applies Clever's August 2026 survey averages to Zillow's typical home value for California and four large counties in September 2026. Real commissions vary by agent, home and market; this shows the scale of the money involved.

AreaZillow typical value (Sept 2026)Listing side at 2.57%Buyer side at 2.51%Total at 5.08%
California$761,538$19,572$19,115$38,686
Riverside County$602,790$15,492$15,130$30,622
Los Angeles County$871,674$22,402$21,879$44,281
San Diego County$926,979$23,823$23,267$47,091
Santa Clara County$1,562,682$40,161$39,223$79,384

Totals are calculated on the full rate, so they can differ from the sum of the two sides by a dollar of rounding.

What half a percentage point is worth

On California's typical $761,538 home, every 0.5 percentage point of commission is $3,808. On Santa Clara County's typical $1,562,682 home it is $7,813. That is why small differences in rate matter more in high-priced counties, and why sellers there often negotiate a tiered rate rather than a single percentage.

Commission in a seller's net proceeds

Say a seller in Riverside County sells at the county's typical $602,790, pays 2.57% to the listing brokerage and agrees to pay 2.51% toward the buyer's agent. Commission totals $30,622 at 5.08%. If the seller instead pays only the listing side and the buyer pays their own agent, the seller's commission cost falls to $15,492, but the buyer may offer less or ask for a credit. Add the county transfer tax and escrow and title costs to see the full picture; our California closing costs guide lists them, and the transfer tax guide gives city rates.

Who pays the realtor commission in California

The seller pays the listing side

The listing brokerage is paid by the seller under the listing agreement, out of the sale proceeds at closing. This has not changed.

The buyer's agent: paid by the buyer, the seller or both

The buyer's agreement sets what the buyer's broker earns. That amount can be paid by the buyer directly, by the seller as a term of the purchase contract, by the listing broker sharing part of its fee, or a mix. If the seller agrees to pay less than the buyer agreement requires, the buyer may owe the difference, so buyers should know their agreed amount before writing an offer.

Commission and taxes on the sale

The IRS treats sales commissions as a selling expense that reduces the amount realized on a home sale. That lowers any taxable gain, which matters for sellers above the federal exclusion. See our capital gains tax guide for the full calculation.

How to negotiate a real estate commission in California

Ask what the fee covers

Ask each agent to list what is included: pricing analysis, photos and video, staging, marketing, open houses, offer review, escrow management and repair negotiations. Compare services, not just rates.

Consider a tiered or flat fee

Common structures include a lower rate on the first part of the price and a higher rate above a target price, or a flat dollar fee. These are allowed because the law leaves the rate to the parties.

Set the term and cancellation terms

A shorter listing period gives you a way out if the home does not sell. Ask about cancellation fees and the "protection period," during which a fee is still owed if someone the agent introduced buys later.

Decide the buyer-side offer with your agent

Discuss whether to offer anything toward the buyer's agent, and how much, based on what buyers in your price range expect. Offering nothing may narrow your pool of buyers; offering too much costs you money.

Buyers: negotiate before you tour

Because the written agreement now comes before the first tour, buyers can compare agents' rates and services up front. Ask for a short term, a clear amount and what happens if the seller pays part of the fee.

Choosing the right agent often matters more than the rate. Our city pages explain what to ask a local agent, and our selling guide and buying guide cover the rest of each process.

Special cases: probate, new homes and dual agency

Probate sales

When an estate sells a home, the commission binds the estate only for the amount the court allows, and nothing is owed unless the sale is made, confirmed if required and closed (Probate Code sections 10160 and 10161). See our probate real estate guide.

New construction

Builders set their own policy for paying agents who bring buyers. Ask the sales office about it before your first visit, and register your agent if the builder requires it, because your buyer agreement still sets what your broker is owed.

One agent for both sides

If one agent or brokerage represents both buyer and seller, the agency disclosure form you receive under Civil Code section 2079.14 explains what that relationship means. Get the arrangement in writing, and ask whether the total commission will be reduced because one brokerage is earning both sides.

Common commission mistakes

  • Assuming a "standard" rate. There is none in law. Every rate is a negotiation.
  • Not reading the buyer agreement amount. If the seller pays less than the agreement says, the buyer may owe the gap.
  • Signing a long listing with no exit. A shorter term with an option to extend keeps leverage with the seller.
  • Comparing rates without comparing services. A lower fee that leaves out photos, staging or marketing can cost more in price.
  • Forgetting the protection period. Selling to a buyer the agent introduced, soon after the listing ends, can still trigger a fee.
COMMON QUESTIONS

Real Estate Commission in California,
answered.

What is the average realtor commission in California?+

No official statewide figure exists because the rate is negotiated. Clever Real Estate's August 2026 survey, including 50 California agents, found an average of 2.57% for the listing agent and 2.51% for the buyer's agent, or 5.08% in total. Clever sells discounted agent services and the sample is small, so use it as a rough guide.

Is realtor commission set by law in California?+

No. Business and Professions Code section 10147.5 requires listing and buyer agreements for homes of one to four units to state in bold that commission rates are not fixed by law, are set by each broker and may be negotiable. The same section bars printing a rate on those forms, so every rate is written in by the parties.

Who pays the buyer's agent in California now?+

The buyer's written agreement sets what their broker earns. The seller can still agree to pay part or all of it as a term of the purchase contract, and the listing broker can share its fee, but offers can no longer be posted on the MLS. If the seller pays less than the agreed amount, the buyer may owe the difference.

How long can a buyer agreement last in California?+

No more than three months from the date it was made, under Civil Code section 1670.50, which took effect January 1, 2025. It cannot renew automatically, and any renewal must be in writing, dated and signed by all parties, also for no more than three months. The limit does not apply to corporations, LLCs or partnerships.

Can I negotiate realtor commission in California?+

Yes. California law says commissions may be negotiable between the client and the broker. Sellers can negotiate the listing rate, a tiered or flat fee, the listing term and what they will offer toward the buyer's agent. Buyers can negotiate their agent's compensation in the buyer agreement before touring homes.

How much commission is paid on a $1 million house in California?+

At the 5.08% total average from Clever's August 2026 survey, commission on a $1,000,000 sale is $50,800: about $25,700 for the listing side at 2.57% and $25,100 for the buyer's side at 2.51%. Your actual cost depends on the rates you negotiate and how much, if anything, you agree to pay toward the buyer's agent.

SOURCES

Where these facts come from

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