DiscountAgent.com Blog • Buyer & Seller Education

By Aaron Peters • Broker / Owner, DiscountAgent.com • August 2026

Updated: August 2026 • 12 min read

The Short Answer

In most Utah home sales, the seller still pays both agents — but it is now a choice, not a default.

The money comes out of the seller’s proceeds at closing, split between the two brokerages, and the buyer rarely writes a check for it. What changed in August 2024 is that the seller’s contribution to the buyer’s agent is negotiated case by case instead of published in the MLS. And the buyer now signs an agreement stating what their agent is owed — which means they see the number for the first time.

This is the most confused question in Utah real estate right now, and the confusion is earned. Headlines in 2024 announced that buyers would start paying their own agents. Two years later, most of them still do not — but the mechanics underneath changed enough that the old answer is no longer quite true either.

Here is exactly how the money moves in a Utah transaction, what each side actually pays at the Salt Lake County median, and the data point almost nobody reports: buyer agent commissions dipped after the lawsuit and then climbed back above where they started.

What Actually Changed in August 2024

The National Association of Realtors settlement changed two mechanical things and one legal thing. Everything else you have read about it is interpretation.

Changed: buyer agent pay left the MLS

Before, a listing said something like “2.5% to buyer’s agent” right in the MLS. That is gone. Any compensation a seller offers now has to be communicated outside the MLS — in practice, agent to agent, or negotiated directly into the purchase offer.

Changed: buyers now sign an agreement first

Before touring a home with an agent, a buyer signs a representation agreement stating what that agent will be paid. Buyers used to have no idea what their agent earned. Now it is in writing, in front of them, before the first showing.

Did not change: who is allowed to pay

Sellers were never legally required to pay the buyer’s agent, and they are still permitted to. Commission has always been negotiable. What the settlement did was make an assumption into an explicit decision.

The practical result: the cost did not move from seller to buyer. It moved from an advertised number to a negotiated one. In most Utah closings today, the seller still covers the buyer’s agent — just through a concession agreed in the contract rather than a figure posted on the listing. Compensation is not advertised; it is worked out between the two brokerages before an offer is written.

The Data Nobody Reports: Commissions Went Down, Then Back Up

The lawsuit was supposed to unleash price competition among buyer agents. For a while it looked like it might. Industry commission surveys tracked buyer-side rates through the transition, and the shape of the curve is not what anyone predicted:

National average buyer agent commission

2021 — before

2.70%

2024 — the dip

2.58%

2026 — now

2.82%

National averages from industry commission surveys. Utah’s combined average runs near 5.71%, essentially in line with the national 5.70%.

Buyer agent commission is now higher than it was before the lawsuit that was meant to lower it. On a $655,000 Salt Lake County home, that 2.58% to 2.82% rebound is about $1,572 more than at the post-settlement low, and roughly $786 more than in 2021.

Why? Because market conditions did the negotiating, not the rule change. With inventory elevated and buyers holding leverage, sellers who want offers keep covering the buyer side — and a buyer who can walk away is not a buyer who will absorb an extra $16,000 out of pocket.

The settlement gave you the right to negotiate. It did not negotiate for you. Our full breakdown of what the settlement changed.

How the Money Actually Moves at a Utah Closing

Nobody hands an agent a check. The entire thing happens on paper at the title company, in four steps.

1

The buyer’s money arrives. Their down payment plus their lender’s loan funds land at the title company. From the buyer’s side, this is simply the purchase price.

2

The seller’s mortgage is paid off from those funds, along with prorated property taxes, title fees, and any agreed concessions. What remains is the seller’s gross proceeds.

3

Commission comes off the seller’s side and is wired to the two brokerages — not to the agents. This is the line that answers the question: it appears as a seller debit on the settlement statement.

4

Each brokerage pays its agent under whatever split that agent has — often 70/30 or 80/20 — minus franchise fees and expenses. The agent never receives the full percentage you see quoted.

There is a fair argument that the buyer pays all of it. Every dollar at that closing table originated with the buyer — commission is deducted from a purchase price the buyer financed. Sellers price homes knowing commission comes out. Economists have made this argument for decades and it is not wrong. But on the settlement statement and in your bank account, the debit lands on the seller’s side, and that is what people mean when they ask this question.

Three Ways It Gets Structured in Utah Today

All figures on a $655,000 home — the Salt Lake County single-family median — at Utah’s roughly 5.71% combined average.

StructureSeller PaysBuyer Pays Out of PocketHow Common
Seller covers both sides $37,400 $0 Most common
Seller covers part, buyer covers the gap $28,689 $6,550 Increasingly seen
Seller covers only their own agent $18,864 $16,375 Uncommon

Illustrative scenarios using a 2.88% listing side and 2.83% buyer side. Commission rates are negotiable in every transaction and are not set by law.

If You Are Buying in Utah

Three things matter more than the headlines.

Read the number in your representation agreement

That figure is what you owe your agent. If the seller offers less, you cover the difference. If the seller offers more, you generally do not pocket the excess — so the agreement is the ceiling on your exposure and the thing to negotiate.

Your agent’s fee is not financeable

If you end up covering any of it, that money comes out of pocket at closing on top of your down payment. It cannot be rolled into the loan. This is the single biggest reason most Utah sellers still cover the buyer side.

A rebate can send part of it back to you

The buyer agent commission is paid to a brokerage, and Utah law expressly permits a brokerage to share it with its client. DiscountAgent.com rebates 50% — roughly $8,188 at the county median. How buyer rebates work in Utah.

If You Are Selling in Utah

You are writing the check, so the leverage is yours — but most sellers pull the wrong lever. They fixate on trimming the buyer side, which risks their buyer pool, and never question the half they control completely.

Your Listing CommissionPlus 2.5% Buy SideTotal You PayDifference
Utah average, ~2.88% $16,375 $35,239
1.5% performance-based $16,375 $26,200 Save $9,039

Same competitive offer to the buyer side, same full service, roughly $9,000 more equity in your pocket. If you are weighing what to offer buyer agents, we worked through that decision in detail here — including why offering zero often costs more than offering something.

FAQ: Who Pays Realtor Fees in Utah

In most Utah transactions the seller pays both agents, deducted from their proceeds at closing. Since August 2024 this is negotiated rather than advertised in the MLS, and the seller is not required to cover the buyer’s agent. But most still do, because a buyer agent fee cannot be financed and asking a buyer to pay it out of pocket shrinks the pool of people who can write an offer.

Usually not out of pocket, despite the headlines. Buyers are now contractually responsible to their agent under a signed representation agreement, but the seller’s contribution typically satisfies that obligation. You only write a check if the seller offers less than your agreement states — then you owe the gap.

Utah’s combined average runs near 5.71%, essentially in line with the 5.70% national average. That typically splits around 2.88% to the listing side and 2.83% to the buyer side. On a $655,000 Salt Lake County home that is roughly $37,400 total. Rates are negotiable and not set by law. Is that worth it? We ran the numbers.

No — buyer agent commission is now higher than before the lawsuit. Industry surveys tracked the national buyer-side average at 2.70% in 2021, dipping to 2.58% in 2024 after the settlement, then rising to 2.82% by 2026. The rule change made compensation negotiable; it did not make it cheaper. Savings still come from choosing a lower-cost broker.

Generally no. A buyer agent commission is not a financeable loan cost. If you cover any portion of it, that is cash at closing on top of your down payment. It is the constraint driving nearly every decision on this page — and the reason FHA, VA, and first-time buyers are most affected when a seller offers nothing.

Because of where the debit lands. Economically, every dollar at closing originated with the buyer, and sellers price homes knowing commission comes out — that argument is sound. But on the settlement statement the commission is deducted from the seller’s proceeds, and it reduces the seller’s net. Both things are true; the second is what shows up in your bank account.

You owe the difference, or you negotiate it into the offer. If your agreement says 2.5% and the seller offers 1.5% on a $655,000 home, the gap is about $6,550. Common solutions: request the seller cover it as a concession, ask your agent to reduce their fee for that transaction, or pay it at closing. Discuss this with your agent before you write, not after.

No. Commission is wired to the brokerage, not the agent. The brokerage then pays the agent under a split — often 70/30 or 80/20 — before franchise fees, marketing costs, and taxes. This is also why most agents cannot offer deep discounts: they are only keeping a fraction to begin with. A brokerage without splits or franchise fees has room that a franchised agent does not.

Yes. Utah Administrative Code R162-2f-401 expressly permits a brokerage to give an inducement to its client. DiscountAgent.com rebates 50% of the buyer agent commission — roughly $8,188 at the Salt Lake County median. It is not taxable income under IRS treatment, and it can go toward closing costs, discount points, or cash after closing. The complete Utah buyer rebate guide.

Sellers: negotiate the half you fully control — your own listing commission. Cutting from roughly 2.88% to 1.5% saves about $9,039 on a median home while keeping your buy-side offer competitive. Buyers: work with a brokerage that rebates. Call or text 801-243-8900 or email Aaron@DiscountAgent.com.

Disclaimer

This article is general educational information about real estate commission practices, not legal or tax advice. Commission rates and terms are negotiable in every transaction and are not set by law. Percentages cited are national and state averages from industry surveys and will not match any individual transaction. Dollar figures are illustrative scenarios, not quotes. Consult a licensed attorney for legal questions about your listing agreement or buyer representation agreement, and a tax professional regarding rebate treatment.

DiscountAgent.com is not a real estate brokerage. It is the marketing website of Aaron Peters, a licensed Utah real estate agent. Services are provided through NetLogix Realty, License #6390407-AB00. Utah is a non-disclosure state; figures shown are approximate.

The honest summary: in most Utah closings the seller still writes the check for both agents, the buyer’s money funds it, and the lawsuit that was supposed to shrink the number left buyer-side commissions slightly higher than it found them.

What genuinely moves the number is not a rule change. It is which brokerage you hire — roughly $9,000 on the listing side of a median Utah home, and about $8,000 back on the buy side.

Call or text 801-243-8900 or email Aaron@DiscountAgent.com.

Pay Less on Either Side of the Transaction

Sellers list at 1% to 1.5% with full service. Buyers get 50% of the buyer agent commission back at closing. Broker/Owner Aaron Peters handles every transaction personally. Over 100 five-star reviews since 2006.

Call or Text 801-243-8900

Listing Services  •  Buyer Rebate

Related Reading

Is 6% Real Estate Commission Worth It? — Utah data on whether the fee earns its keep.

Should Sellers Offer a Buyer Agent Commission? — Percentage, flat fee, or nothing.

Buy a Home in Utah and Get Cash Back at Closing — The complete buyer rebate guide.

The Truth About Utah Discount Agents — What you actually give up, and what you do not.

Salt Lake County Market Report 2026 — Current medians and days on market.

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