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Agent pay

How Real Estate Agent Pay Works in Georgia

The short answer

Real estate commissions in Georgia are fully negotiable, not set by law, and written into your agreement with the broker. Since NAR’s practice changes took effect on August 17, 2024, a buyer’s agreement must state the agent’s pay in objective terms, a seller may still offer to pay a buyer’s agent but not on the MLS, and who pays does not decide whom the agent represents.

Last checked October 19, 2026

A black-and-white view of a long two-storey building with a row of dormers in its metal roof and porches on both floors, a 1930s car parked on a bare dirt square.
The Old Hotel on the main square in Dahlonega, recorded by the Historic American Buildings Survey in 1936 Photo: Harold Bush-Brown, Historic American Buildings Survey (HABS GA-180), public domain

Most questions about commission start with a number: what is normal, what is fair, what will I pay. This page starts with the rules instead, because the rules decide who can pay whom and where the number is written. There is no official Georgia rate, so this guide does not print one.

The fee is negotiated and written down

The starting rule

  • Broker fees and commissions are fully negotiable and are not set by law; the buyer agreement must say so conspicuously. National Association of REALTORS®, checked 2026-10-19
  • Every Georgia brokerage engagement must tell the prospective client the types of agency relationships the broker offers, any known conflicting relationships, the broker's compensation and whether it will be shared, and the broker's confidentiality duties. O.C.G.A. 10-6A-10(a) (text effective Jan. 1, checked 2026-10-19

Your agreement with the broker is where the fee lives. Georgia’s brokerage law requires the engagement to tell you the broker’s compensation and whether it will be shared with other brokers. NAR’s rules require a buyer agreement to say, conspicuously, that fees are negotiable and not set by law.

What changed on August 17, 2024

The practice changes

  • NAR's settlement practice changes took effect on August 17, 2024. National Association of REALTORS®, checked 2026-10-19
  • The U.S. District Court for the Western District of Missouri granted final approval of NAR's settlement of the broker-commission class action claims on November 26, 2024. National Association of REALTORS®, checked 2026-10-19

These are practice rules that came out of the NAR settlement and the MLS rules that followed. They are not a Georgia statute, though some sites describe them as a new law. In day-to-day terms they changed three things.

1. Buyers sign before touring, and the pay is stated

The buyer side

  • Under the practice changes, a buyer working with an agent who is a REALTOR signs a written agreement with that agent before touring a home, in person or by live virtual tour. National Association of REALTORS®, checked 2026-10-19
  • The written buyer agreement must clearly state the amount or rate the agent will be paid, in objective terms such as $0, a flat fee, a percentage or an hourly rate. National Association of REALTORS®, checked 2026-10-19
  • Compensation in a buyer agreement cannot be open-ended, such as 'whatever the seller is offering', and NAR's consumer guide says it cannot be a range. National Association of REALTORS®, checked 2026-10-19
  • The buyer agreement must bar the agent from receiving more compensation, from any source, than the amount or rate agreed with the buyer. National Association of REALTORS®, checked 2026-10-19

Since August 17, 2024, MLS participants who work with a buyer generally need a written agreement with that buyer before touring a home. The agreement has to state the agent’s pay as an objective figure, not “whatever the seller offers,” and the agent cannot collect more than that figure from any source.

2. Offers to pay a buyer’s agent left the MLS

The seller side

  • A seller may still offer to pay a buyer's agent, but that offer cannot be shared on a Multiple Listing Service (MLS). National Association of REALTORS®, checked 2026-10-19
  • A seller's agent can still advertise an offer of compensation off the MLS, for example on social media, flyers and websites. National Association of REALTORS®, checked 2026-10-19
  • A listing agent must disclose to the seller in writing, and get the seller's approval for, any payment or offer of payment to a buyer's broker, stating the amount or rate, before it is made. National Association of REALTORS®, checked 2026-10-19

A seller can still offer to pay a buyer’s agent. The offer just cannot be shared on the MLS, so you will not find it in a listing there. It can be advertised elsewhere, and the listing broker needs the seller’s written approval, with the amount or rate, before making any such payment or offer.

3. Concessions still work

Buyers can still receive seller concessions, such as help with closing costs, and sellers can still offer buyer concessions on an MLS. (National Association of REALTORS®, checked 2026-10-19)

A buyer can still accept help with closing costs from a seller, and a seller can still advertise buyer concessions on the MLS. If you hope to put a concession toward your own agent’s fee, ask your agent and your lender whether your contract and loan allow it before you count on it.

Who can pay whom

PaymentAllowed?Where it is written
Seller to listing brokerYes, as negotiatedThe listing agreement
Buyer to buyer’s brokerYes, as negotiatedThe buyer brokerage agreement
Seller (through the listing broker) to buyer’s brokerYes, with the seller’s written approval; not offered on the MLSA written approval and offer outside the MLS
Seller concession to the buyerYes; may be advertised on the MLSThe purchase contract
Any source to buyer’s broker above the agreed figureNoThe cap in the buyer agreement

Payment does not decide representation

In Georgia, who pays or promises to pay a broker does not by itself decide whom the broker represents. (O.C.G.A. 10-6A-11, checked 2026-10-19)

A seller paying your agent does not make your agent the seller’s agent. A buyer paying their own agent does not make that agent a dual agent. Representation comes from the written engagement. See Georgia agency relationships.

Why we do not print a typical rate

You will find several published averages for Georgia, and they disagree because each comes from a different survey, sample and date. None is an official figure, and we have found no official Georgia source for one. Our journal looks at why the Georgia commission averages disagree, attributed to the sites that publish them. When an agent quotes “the average,” ask where the number came from.

In December 2025 the U.S. Department of Justice filed a statement of interest saying competition among real estate brokerages is critical for protecting homebuyers. (U.S. Department of Justice, checked 2026-10-19)

Questions to ask about pay

  1. What exactly is your fee, written as one objective figure?
  2. If I am buying: what happens if the seller offers less than that, or nothing? Do I pay the difference?
  3. If I am selling: will you recommend offering anything to a buyer’s broker, and why?
  4. Is any part of your fee shared with another brokerage or a referral company?
  5. What services are included for that fee, and which cost extra?
  6. When is the fee earned, and what happens if the deal does not close?

Compare the answers across agents with the interview scorecard. If you are buying, the buyer agreement guide walks through the compensation section term by term; if selling, see the listing agreement guide.

Questions people ask

Does the person who pays the agent decide whom the agent represents?

No. In Georgia, who pays or promises to pay a broker does not by itself decide whom the broker represents. The written brokerage engagement does.

Source: O.C.G.A. 10-6A-11

Can a buyer agreement say the agent gets "whatever the seller offers"?

No. Compensation in a buyer agreement cannot be open-ended, such as "whatever the seller is offering", and NAR's consumer guide says it cannot be a range.

Source: National Association of REALTORS®

Can my buyer's agent be paid more than our agreement says?

No. The buyer agreement must bar the agent from receiving more compensation, from any source, than the amount or rate agreed with the buyer.

Source: National Association of REALTORS®

Who approves a payment to the buyer's agent when I sell?

You do. A listing agent must disclose to the seller in writing, and get the seller's approval for, any payment or offer of payment to a buyer's broker, stating the amount or rate, before it is made.

Source: National Association of REALTORS®

Is there a standard real estate commission in Georgia?

No. Broker fees and commissions are fully negotiable and are not set by law. The amount you agree to goes into your written agreement.

Source: National Association of REALTORS®

Can a seller still pay the buyer's agent?

Yes. A seller may still offer to pay a buyer's agent, but that offer cannot be shared on a Multiple Listing Service.

Source: National Association of REALTORS®

Can a seller still help with my closing costs?

Yes. Buyers can still receive seller concessions, such as help with closing costs, and sellers can still offer buyer concessions on an MLS.

Source: National Association of REALTORS®

Next step

Type the price and the rates or fees from your own agreements into the commission and net calculator. It has no default rate: the numbers are the ones you negotiate.

Laws, forms and practices change. Every rule on this page links to the office or statute that sets it; confirm with that source, or a Georgia attorney, before you rely on it.

A columned brick building front with an arched doorway and a balcony rail, windows hung with green wreaths and red bows, autumn trees on both sides and a lamp post at the curb.
The Dahlonega Gold Museum in the 1836 Lumpkin County Courthouse · Photo: Mike Finn, CC BY 2.0

The publisher of this guide

Interview Gold Peach Realty with the same scorecard.

Gold Peach Realty is the Dahlonega brokerage that publishes this guide, so put us through the same checks: look up our licenses, ask which brokerage relationship we would offer you and why, and get the fee in writing before we tour a single home or list yours.

Visit Gold Peach Realty Call (770) 283-1223

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