Short answer
It can be the seller, the buyer, or a mix, and it's negotiable. Since 2024, buyers usually sign a written agreement with their agent that says how the agent is paid. For conventional and FHA loans, a seller paying the buyer's agent according to local custom isn't counted against the limits on seller contributions. If you pay your agent yourself, that fee is part of your cash to close, so plan for it in your budget.
What changed for buyers?
After changes in how real estate agents are paid that took effect in 2024, buyers generally sign a written agreement with their agent before touring homes. It spells out the agent's fee and who's expected to pay it. You can ask the seller to pay some or all of it as part of your offer. Your real estate agent can explain the options in your market.
Does a seller-paid commission count as a seller credit?
Lenders limit how much a seller can contribute toward your costs, and those limits differ by program. Fannie Mae says typical fees a seller pays according to local custom aren't subject to those limits, and Fannie Mae, Freddie Mac and FHA confirmed in 2024 that a seller paying a real estate agent's commission falls in that group. So a seller paying your agent generally doesn't use up room you might want for a credit toward your closing costs. See seller credits and buydowns.
What if I pay my agent myself?
Then the fee is part of the cash you need at closing, along with your down payment and other costs. The lender will want to see where that money comes from, the same as the rest of your funds. Tell Tom early how your agent agreement handles the fee, so your estimate is right. See NH closing costs and where your down payment can come from.
Are VA loans different?
VA loans have their own rules about which fees a veteran can pay, and VA has updated its policy on buyer-broker fees since 2024. Ask before you sign an agent agreement if you're using a VA loan; see the VA loan guide.
Sources
Checked November 2, 2026. Rules and dates change, so confirm current details before you rely on them.
General information only, not tax or legal advice. Program availability, eligibility and terms vary by lender and are subject to change and to underwriting approval. Not a commitment to lend.