Real Estate Agents Find Creative Ways to Dodge New Commission Rules

A recent home seller in Texas thought the new commission rules would save her money. Instead, her agent left three cookies on the kitchen counter during every showing.

Turns out, that was code for a 3% commission rate.

The Cookie Code and Other Creative Workarounds

A recent New York Times report reveals how some real estate agents are dodging the landmark 2023 settlement aimed at lowering commissions. While the settlement was supposed to bring transparency and savings, many agents have developed creative ways to maintain their higher fees.

These workarounds include:

• Subtle signals during showings: Leaving specific numbers of items (like cookies) to indicate commission rates
• Movie references: Mentioning films with “three” in the title to hint at 3% commissions
• Coded conversations: Using industry jargon that buyers and sellers don’t understand
• Bundled services: Packaging unnecessary services to justify higher fees

The resistance means many buyers and sellers aren’t seeing the expected savings from the settlement.

What This Means for You

These tactics highlight why choosing the right agent matters more than ever. A trustworthy professional will be upfront about their fees and services. They won’t use coded signals or hidden messages.

Many buyers have reported similar experiences where agents quoted one rate initially, then tried to add “processing fees” or other charges at closing. Smart consumers walk away from these situations and find agents who lay out every cost upfront from the beginning.

Red Flags to Watch For

Be cautious if your agent:

• Avoids direct questions about commission rates: They should give you a clear, straightforward answer
• Mentions unnecessary services: Some agents pad their fees with services you don’t need
• Uses confusing industry terms: Good agents explain things in plain English
• Pressures you to sign quickly: Take time to understand all costs and services

Finding a Transparent Agent

The best real estate agents will negotiate fairly and advocate for your financial interests. They understand that your savings matter more than their commission padding.

Our agent finder service connects you with pre-screened professionals who prioritize transparency. These agents have proven track records of putting clients first, not commission tricks.

Why Transparency Matters

When agents use workarounds to maintain higher fees, it erodes trust in the entire profession. Buyers and sellers deserve to know exactly what they’re paying for and why.

The 2023 settlement was designed to give consumers more control over commission negotiations. But some agents are working against these consumer protections.

Your Next Steps

Don’t let commission games affect your real estate transaction. Whether you’re buying your first home or selling your current property, work with an agent who values honesty over hidden fees.

Get connected with trusted professionals who will negotiate transparently and fight for your best interests. Your financial future is too important for cookie codes and movie references.

Remember: A good agent’s value comes from their expertise and service, not their ability to hide fees behind creative signals.

---

Source: The New York Times, April 29, 2025