S
ome Las Vegas Valley real estate agents are exploiting loopholes to boost their pay and circumvent a recent court settlement aimed at reducing commission rates, according to multiple agents who spoke to the Las Vegas Review-Journal on condition of anonymity.
"Agents are making more money than ever before thanks to the settlement," one agent said. "They're using workarounds or negotiating directly with other agents."
A study by Clever Real Estate found that real estate agent commissions have increased 0.12 percent since 2024, averaging 5.44 percent nationwide. In Nevada, the average commission is 5.6 percent, up from 3.5 percent last year.
The National Association of Realtors settled a class-action lawsuit in 2024, agreeing to changes that prohibited agents from advertising commission fees through the Multiple Listing Service and requiring buyers to sign contracts with real estate agents before viewing homes.
Agents are now using tactics such as requiring touring agreements without listed commissions, then providing buyer-broker contracts with agent commissions after showing homes. This allows them to charge 4 percent commissions, as one agent described it: "Open the door and charge them four."
The rise in commissions may be attributed to a squeezed real estate market, where sellers are desperate for buyers or offers due to high listings and low sales.
Las Vegas Realtors President George Kypreos declined to comment on the commission increase. A National Association of Realtors spokesperson said the settlement has created greater transparency for consumers regarding agent compensation, but critics argue that commissions remain too high compared to other developed nations.
Nevada Realtors President Brandon Roberts said real estate commissions are negotiable and reflect market forces, consumer preferences, and the value agents provide in complex transactions. He emphasized that the NAR settlement aimed to enhance transparency and consumer choice, not dictate compensation structures or impose price controls.
