Did commission amounts go up or down after the recent real estate settlement changes? They stayed exactly the same. What changed is the process: buyers now sign written representation agreements upfront and any request for the seller to cover buyer-agent compensation now has to be spelled out directly in the offer.
There's been a lot of noise nationally about real estate commissions changing. I want to be direct about what actually happened in Texas because it's not what most headlines implied.
What Actually Changed
Buyer's agents are doing a much better job getting their agency agreements signed and that's not just a culture shift, it's now Texas law. Under Senate Bill 1968, effective January 1, 2026, a Texas agent has to have a signed written representation agreement with a buyer before showing them a residential property and that agreement has to spell out real compensation terms, not “to be determined.”
The newer change, effective with the June 2026 Texas REALTORS forms update, made something statewide that we at JMRE had already been encouraging our agents to do for months: broker-to-broker compensation was removed from the listing agreement itself. That means buyer-agent compensation isn't something quietly baked into a listing anymore. Buyers now ask sellers directly, on the offer, for exactly what they need the seller to pay on their behalf. It's a visible, negotiated term instead of an assumption everyone used to skip past.
What Hasn't Changed: The Actual Commission Amounts
Commission rates haven't moved. They were never set by law or by any board to begin with and this round of changes didn't set a new number either. What's different is that the negotiation now happens explicitly and in writing, on the offer, instead of being assumed as part of the listing before a buyer ever walked through the door.
My Honest Take: Timing Is Everything
Here's my genuine opinion, and it's an opinion, not a fact: if all of these changes had landed during the 2021 market instead of now, I think buyer agency compensation would have shifted much more toward a buyer-paid model. Sellers had every advantage back then, multiple offers, no need to sweeten a deal and very little incentive to voluntarily offer buyer-side compensation if it wasn't required.
Instead, these changes landed as the market softened, when sellers still have a real incentive to offer buyer-agent compensation because it widens the pool of buyers who can afford to make an offer at all. Whether that would shift back if the market heats up again, more competition among buyers, less need for sellers to sweeten anything, I genuinely don't know. We'll only find out if it happens.
What This Means If You're Buying
Expect to sign a representation agreement early, likely before your first showing, not after you've already found a home you like. And if you want a seller to cover some or all of your agent's compensation, that now needs to be a specific, stated ask in your offer, not an assumption baked into how things used to work.
What This Means If You're Selling
Expect buyer's agents to request compensation directly as a term of the offer. It's negotiable, the same as price or closing timeline and it's worth going in with a clear strategy rather than reacting deal by deal. Offering to cover some buyer-agent compensation can still meaningfully widen your buyer pool, which matters more in a market with more inventory and more patient buyers than a few years ago.
Frequently Asked Questions
Did the recent changes lower real estate commissions?
No. Commission amounts have stayed the same. What changed is that compensation terms are now negotiated explicitly in writing, in the buyer representation agreement and in the offer, rather than assumed as part of the listing.
Do I have to sign an agreement before touring homes in Texas now?
Yes, under Texas law effective January 1, 2026, an agent must have a signed written representation agreement with a buyer before showing them a residential property.
Can a seller still offer to pay the buyer's agent's commission?
Yes. It remains fully negotiable. Sellers can choose to offer compensation to attract more buyers, and buyers can request it directly as part of their offer.
Questions About How This Affects Your Transaction?
Whether you're buying or selling, these changes affect the paperwork and the timing of certain conversations, not the fundamentals of a good deal. Jeanie Marten Real Estate can walk you through exactly what to expect at every step. Visit MartenTeam.com or book a consultation.
Reflects Texas law and Texas REALTORS forms as of mid-2026, including Senate Bill 1968 and the June 2026 forms update. This is general information, not legal advice.
