Real estate agents
Real estate agents: how they work, what they cost and how to choose
Buyer's agents, listing agents, REALTORS and brokers explained, with each state's agency rules, disclosures and licensing, and agents near you.
- Free for buyers and sellers
- Independent local pros
- Facts sourced and dated
What a real estate agent does
A real estate agent helps you buy or sell a home: pricing, marketing or finding homes, arranging showings, writing and negotiating the offer, coordinating inspections, appraisal, financing and title, and keeping the deal on schedule to closing. Every agent works under a licensed broker, and the brokerage, not the individual agent, holds the agreement with you and is responsible for the agent's work.
Types of agents
- Listing (seller's) agent: represents the seller, prices and markets the home and negotiates for the seller.
- Buyer's agent: represents the buyer, finds and evaluates homes, writes the offer and negotiates for the buyer.
- Dual agent, transaction broker or intermediary: one brokerage working with both sides. Whether this is allowed, and what it is called, depends on the state (see the state rules on each state page).
- REALTOR®: a licensed agent or broker who is a member of the National Association of REALTORS® and follows its Code of Ethics. Not every agent is a REALTOR.
- Broker: holds a higher license, can run a brokerage and supervises agents.
The buyer agreement before you tour
Since August 17, 2024 (NAR settlement practice changes), REALTORS and other MLS participants working with a buyer must have a written agreement with that buyer before touring a home. The agreement states what the agent will be paid, and the amount cannot be open-ended.
Real estate commissions are not set by law. They are negotiable between you and the brokerage, and offers of buyer-agent compensation can no longer be published on the MLS.
Pros and cons of hiring an agent
Why people hire one: local pricing knowledge, access to showings and off-market leads, negotiation, contract and deadline management, and a network of lenders, inspectors and title companies. Sellers typically get wider exposure through the MLS and professional marketing.
Why some go without: to save or negotiate the fee, when buying from a builder's sales office, or between family members. Going alone means you handle the contract, disclosures, deadlines and negotiation yourself; many people still hire an attorney or pay a flat fee for parts of the work.
Questions to ask before you sign
- Who exactly will represent me, and is your brokerage also working with the other side?
- What will you be paid, by whom, and is it a percentage or a flat fee? What happens if the seller offers to pay?
- How long does the agreement last, and how can I end it?
- How many homes like mine have you sold or helped buy in this area in the past year?
- Which inspections do you recommend here, and who do you suggest (and do you have any financial tie to them)?
Inspections and disclosures
Sellers in most states must disclose known material problems, and federal law requires a lead-based paint disclosure for homes built before 1978. Buyers protect themselves with an inspection contingency or option period, a general home inspection, and specialty inspections where they matter: termite (wood-destroying organisms), roof, sewer line, septic and well, radon, mold, wind mitigation or four-point inspections for insurance in some states, and a survey. Some cities require their own reports or inspections at sale.
Property types agents work with
Single-family homes, new construction from builders, condos and townhomes, manufactured and modular homes, land and lots, farms and ranches, luxury homes, 2 to 4 unit income property, and commercial property (which is often a separate specialty). Ask whether the agent regularly handles your property type.
Brokerages, pay and splits
Agents are usually independent contractors paid only when a deal closes. The fee paid to the brokerage is split between the brokerage and the agent according to their contract; models include traditional percentage splits, capped splits, 100% plans with monthly or per-deal fees, revenue-share and cloud brokerages, and team splits. Out of their share agents pay their own business costs: MLS and association dues, licensing and renewal fees, continuing education, marketing, technology, and in many cases errors-and-omissions (E&O) insurance.
Licensing, renewal and continuing education
Every state requires pre-license education, a state exam, a background check and a sponsoring broker before an agent can practice, and continuing education to renew. Hours, fees and renewal cycles differ by state; the state pages below list the requirements with sources. Before you hire someone, look up the license on the state regulator's site.
Real estate agents by state
16,639 agents and brokers are listed on USAHouses.com so far. A check mark means the state page includes its sourced agency, disclosure and licensing rules.
- Alabama
- Alaska
- Arizona
- Arkansas
- California ✓
- Colorado
- Connecticut
- Delaware
- District Of Columbia
- Florida ✓
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas ✓
- Utah
- Vermont
- Virginia
- Washington
- Washington Dc
- West Virginia
- Wisconsin
- Wyoming
Questions people ask
Do I have to sign an agreement before an agent shows me a home?
Since August 17, 2024 (NAR settlement practice changes), REALTORS and other MLS participants working with a buyer must have a written agreement with that buyer before touring a home. The agreement states what the agent will be paid, and the amount cannot be open-ended.
Is the commission set by law?
Real estate commissions are not set by law. They are negotiable between you and the brokerage, and offers of buyer-agent compensation can no longer be published on the MLS.
What is the difference between an agent, a broker and a REALTOR?
An agent (salesperson or sales associate) is licensed to help buyers and sellers under a broker. A broker holds a higher license and can run a brokerage. A REALTOR is a member of the National Association of REALTORS, which has its own Code of Ethics.
How do I check an agent's license?
Use the license lookup on the state real estate regulator's website. Each state page here links to its regulator.
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USA HOUSES LLC is a media, advertising and listing platform, not a real estate brokerage, lender or law firm. Professionals listed here are independent; a listing is not an endorsement. Featured and "Sponsored" placements are paid advertising. Directory listings show name, category and location only. Licensing and legal facts are summarized for education; confirm current rules with the state regulator linked on this page.