If you’ve been told a VA buyer “can’t pay” their real estate agent, that information is out of date — and acting on it could cost you the home.
For decades, VA rules classified buyer-agent commissions as a non-allowable charge, meaning a veteran using a VA loan literally could not pay their own agent. The seller paid it, or it didn’t get paid. That worked fine when sellers were required to offer buyer-agent compensation through the MLS. Then the rules changed.
What changed and when. Following the National Association of Realtors (NAR) settlement in 2024, sellers are no longer required to advertise buyer-agent compensation in MLS listings. To keep veterans from being shut out, the VA issued Circular 26-24-14, effective August 10, 2024, allowing VA borrowers to pay reasonable and customary buyer-broker charges directly. This was a major shift, and it remains in effect heading through 2026 as the VA works toward permanent rulemaking.
What it means for you as a buyer. You now have three options for covering your agent’s commission, and they’re fully negotiable: 1. The seller pays it (still common, still allowed). 2. You pay it directly at closing. 3. You split it.
If you pay it yourself, two rules matter. First, the fee must be reasonable and customary for your local market — typically in the 2–3% range. Second, and this is the one that surprises people: the commission cannot be financed into your VA loan. It has to be paid in cash at closing, and lenders will count it when evaluating your assets for closing.
One piece of good news on seller concessions. When the seller pays your agent’s commission, it’s treated as a cost of sale and does not count against the VA’s 4% seller concession cap. That leaves your concession room available for other closing costs.
The paperwork. You’ll sign a written buyer-broker agreement spelling out your agent’s compensation, and that agreement goes in the loan file. In many markets you now sign this before you tour a single home — so understand what you’re agreeing to before you start looking.
Why this matters for military buyers specifically. In a competitive market, an unrepresented buyer is at a real disadvantage, and some listing agents won’t work smoothly with one. You need representation — especially when you’re buying around a PCS, reading VA appraisals, and timing a closing against a report date. The rule change exists precisely so veterans can compete on equal footing. Work with an agent who can explain your commission options in plain language and structure the contract to your advantage.
Can a veteran pay their real estate agent with a VA loan in 2026? Yes. Since VA Circular 26-24-14 took effect August 10, 2024, VA buyers can pay reasonable and customary buyer-agent commissions directly. The fee must be paid in cash at closing and cannot be financed into the loan.
Does a seller-paid commission count against my VA seller concession cap? No. When the seller pays the buyer-agent commission, it’s a cost of sale and does not count against the VA’s 4% seller concession limit.
How much is a buyer’s agent commission? Typically 2–3% of the purchase price, but it’s negotiable and must be reasonable and customary for your local market.