By John Klassen, REALTOR, The Klassen Group at Salina Homes. Published August 13, 2026. Information current as of publication and based on Kansas Real Estate Commission guidance and Kansas law. This article is for general information and is not legal advice.
Quick Answer: Real estate commissions in Kansas are fully negotiable and have never been fixed by law. Two separate things changed how buyers and sellers experience this. First, industry wide practice changes took effect in August 2024 requiring agents working with a buyer to sign a written buyer agreement before touring a home. Second, Kansas law separately requires a written agency agreement no later than when a buyer signs an offer to purchase, and without one, Kansas treats you as a customer rather than a client. Sellers can still choose to offer buyer agent compensation, but that compensation is no longer listed on the MLS and is instead negotiated directly. A 2026 industry survey put average total commissions in Kansas around 5.8 percent of the sale price, though this is a market estimate, not a standard or required rate.
If you have heard that real estate commissions changed and are not quite sure what that means for you, you are not alone. Two different sets of rules shifted around the same time, and the two often get blended together in conversation. Here is a clear breakdown of what actually changed and how commissions work in Kansas right now.
Two Different Rules Changed in 2024, and They Are Not the Same Thing
It helps to separate these into two buckets, because one is Kansas law and the other is an industry practice rule.
The industry practice change: Starting August 17, 2024, real estate agents who use the Multiple Listing Service, or MLS, must sign a written buyer agreement with a buyer before touring a home with them. This came from a national settlement involving the National Association of REALTORS and applies to MLS participants generally, not because Kansas law requires it at that specific moment. The written agreement has to spell out what services the agent provides and clearly disclose how the agent is paid.
Kansas state law: Separately, Kansas has long required, under a law called BRRETA, that a broker enter into a written agency agreement with a buyer no later than when that buyer signs an offer to purchase or lease. This is the Kansas statutory deadline, and it exists independently of the MLS practice change above. In practice, most Salina agents will have you sign a written agreement well before that point, both because of the MLS rule and because it protects you earlier in the process.
The other major change involves how compensation is communicated. In the past, a listing broker could post the commission being offered to a buyer's agent directly on the MLS, where every buyer's agent searching listings could see it. That is no longer allowed. Offers of compensation cannot be listed on the MLS anymore. Cooperation and compensation between a listing broker and a buyer's agent can still happen, it is simply negotiated and communicated outside the MLS rather than displayed on it.
What This Means If You Are Buying a Home in Salina
Before an agent tours a home with you, expect to sign a written buyer agreement, since this is required industry wide. Separately, Kansas law requires that a written agency agreement be in place no later than when you sign an offer to purchase, in order for that agent to legally represent you as your agent rather than simply facilitate the transaction. Kansas has long operated under BRRETA, the Brokerage Relationships in Real Estate Transactions Act, which requires agents to disclose who they represent as early as practical. If you have not entered into a written agreement, Kansas law considers you a customer rather than a client. As a customer, you are representing yourself, and information you share with the other side's agent can be passed along to that party. Signing a written agreement is what actually puts an agent on your side of the table.
On cost, here is the practical reality: sellers in Salina commonly still choose to offer compensation toward the buyer's agent as part of their strategy to sell their home. But this is a negotiated decision, not an automatic or required one, and it is no longer advertised on the MLS. If a seller does not offer to cover it, a buyer could be responsible for that cost directly. This is exactly why the written agreement matters. It tells you upfront what you are agreeing to pay before you are deep into house hunting.
What This Means If You Are Selling a Home in Salina
As a seller, you and your listing agent decide together what your total commission structure looks like and whether you will offer compensation toward the agent representing your buyer. This is a genuine strategic decision that affects your listing agreement. Since offers of compensation are no longer shown on the MLS, that decision does not appear publicly the way it once did, but a buyer's agent may still ask about it, and it can factor into how a buyer structures their offer and covers their own representation costs. A good agent helps their buyer evaluate homes based on the buyer's needs and interests, not based on what compensation is being offered.
According to a 2026 industry survey, average total real estate commissions in Kansas run around 5.8 percent of the sale price, slightly above the reported national average. This is a market estimate based on surveyed transactions, not a standard, customary, or required commission. Commissions and brokerage compensation in Kansas are negotiable in every transaction, and the exact figure depends on the services included and how the total is split between the listing side and the buyer side.
Kansas Also Requires Clear Disclosure of Who Represents Who
One more Kansas specific detail worth knowing: dual agency, where a single agent represents both the buyer and the seller in the same transaction, is illegal in Kansas. Kansas law also allows for a transaction broker relationship, a different arrangement where an agent helps facilitate a sale without fully representing either side as a client. Kansas law requires that every buyer and seller receive a BRRETA disclosure brochure explaining these relationships at the earliest practical opportunity, so you always know exactly who is working for whom.
What This Means for You: 3 Steps
- Buyers, ask about the agreement early. Before you start touring homes, ask any agent you are considering to walk you through their written buyer agreement, including exactly how they are compensated and how that compensation might depend on what the seller offers.
- Sellers, discuss your compensation strategy at your listing appointment. Since this no longer appears on the MLS, it deserves a real conversation with your agent about how it is communicated and negotiated, rather than an assumption based on how things used to work.
- Everyone, ask questions instead of assuming. Commission structures in Kansas have always been negotiable, and that negotiability is worth understanding rather than guessing at.
Have questions about how commissions work on your purchase or sale?
The Klassen Group walks every client through exactly how representation and compensation work before you sign anything, so there are no surprises later.
Call or Text 785 201 4341 Contact Us OnlineKansas Real Estate Commissions FAQ
Do I have to pay my buyer's agent in Kansas?
It depends on your written agreement. Sellers commonly still choose to offer compensation toward a buyer agent, but this is negotiated rather than automatic and is no longer listed on the MLS. Your written buyer agreement will spell out exactly what you owe and under what circumstances.
What is a buyer agency agreement in Kansas?
It is a written contract between a buyer and a real estate agent that establishes the agent as representing the buyer's interests. Industry wide MLS rules require this agreement before an agent tours a home with a buyer. Separately, Kansas law requires a written agency agreement no later than when the buyer signs an offer to purchase.
What happens if I do not sign a written agency agreement?
Under Kansas law, without a signed agreement you are considered a customer rather than a client. As a customer, you are representing yourself, and information you share may be passed along to the other party.
How much is a real estate commission in Kansas?
There is no fixed or standard rate. A 2026 industry survey estimated the average total commission in Kansas at around 5.8 percent of the sale price, but commissions are negotiable in every transaction and depend on the services included and how compensation is split.
Is dual agency legal in Kansas?
No. Kansas law prohibits a single licensee from representing both the buyer and seller as clients in the same transaction. Kansas does allow a transaction broker relationship, where an agent facilitates a sale without fully representing either party.
Do sellers have to pay the buyer's agent in Kansas?
No. Sellers and their listing agent decide together whether to offer compensation toward a buyer's agent, and this is a negotiated part of their listing strategy rather than a requirement.
About the Author: John Klassen is a licensed REALTOR with The Klassen Group at Salina Homes, serving Salina, Saline County, and South Central Kansas. John and his team walk every client through representation and compensation clearly before any agreement is signed. Call or text 785 201 4341 or reach out through SalinaLiving.com/contact.