All the legal fireworks over real estate commissions were supposed to blow up how New Yorkers pay their agents. So far, not so much. Despite a wave of antitrust lawsuits and new rules meant to disrupt long-standing practices, commissions for New York agents are still hovering near traditional levels, around 5.7 percent on average. Local brokers say the fallout has reshaped the opening conversations in a deal but has not delivered the deep fee cuts many industry watchers predicted. Buyers and sellers in Manhattan and other high-end pockets are mostly getting clearer negotiations, not dramatically lower percentages.
What the numbers say
A March 2026 survey by Clever Real Estate pegs the national average commission at about 5.70 percent, with roughly 2.88 percent going to the listing broker and 2.82 percent to the buyer's agent. Clever's methodology notes that its February survey drew responses from 533 partner agents, and that the reported totals can vary by state and market segment. Those statewide figures still place New York close to the national average, even if individual city submarkets tell more complicated stories.
City brokers' take
Several New York brokers told The Real Deal that the lawsuits and rule changes have tweaked behavior more than paychecks. Douglas Elliman's Frances Katzen said, "Everyone expected a race to the bottom," but argued the market has instead seen a "flight to quality." RLTYco's Briggs Elwell said agents are increasingly pushed to pre-negotiate splits, leaving "no room" for last-minute haggling, while Compass' Tali Berzak reported that buyers now ask for clearer proof of value earlier in the process.
Policy changes and buyer agreements
The current reset stems from both national and local rule changes. The National Association of REALTORS® settlement requires MLS participants to sign written buyer-broker agreements before touring homes, and changes to the Real Estate Board of New York's Universal Co-Brokerage Agreement "decouple" buyside compensation so that offers must originate with sellers. According to REBNY, the UCBA revisions took effect in early 2024 and restrict how listing brokers can advertise or pay buyside compensation. NAR guidance spells out the written-agreement and disclosure standards that MLSs and brokerages have been implementing since August 2024.
Why commissions haven't plunged
Part of the answer is basic math and market structure. Commissions are calculated as a percentage of price, and in high-end Manhattan deals the eye-popping dollar amounts can mask the relatively stable percentages. The Clever Real Estate report's state-level averages do not break out New York City's luxury submarkets, and The Real Deal highlights that nuance, pointing for instance to a Lenox Hill townhouse that recently appeared in the city register at $34.5 million. In transactions like that, small percentage shifts land very differently than in a typical suburban sale. Analysts also caution that limited sample sizes and local variation mean headline averages can easily blur neighborhood-level changes.
Legal implications
The antitrust cases and resulting settlements still carry significant weight, even if New York commission percentages have not cratered. Plaintiffs secured verdicts and struck deals that produced large payouts and industry-wide injunctions, with reforms aimed at increasing transparency around commissions. According to Cohen Milstein, litigation leaders point to the NAR agreement and companion settlements, including a reported $418 million settlement with NAR and other multi-hundred-million dollar payouts, as having created structural changes designed to give consumers clearer negotiating power. Regulators, courts and trade groups are expected to keep shaping how those rules are enforced and whether they ultimately translate into lower costs for home sellers.
