USDA Clarifies Agent Commissions Do Not Count Toward Seller Concessions
Published Date: 11/9/2026
Rule
Summary
Starting November 9, 2026, the USDA’s Rural Housing Service updated its Single Family Housing Guaranteed Loan Program to make it clear that real estate agent commission fees don’t count toward the limit on seller concessions. This change helps homebuyers and sellers understand costs better and could make deals smoother in rural areas. If you’re buying or selling a home with this loan, this update affects how much sellers can chip in without messing up the loan rules.
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Real‑estate commissions no longer count
If you buy or sell a home using the USDA Single Family Housing Guaranteed Loan Program, real estate commission fees are excluded from the 6 percent seller concession limit starting November 9, 2026. That means the seller’s payment of broker/agent commission will not be counted against the rule that limits seller contributions to 6 percent of the sales price.
Sellers can contribute more to closing costs
Because real estate commissions are excluded from the 6 percent seller concession limitation, sellers may contribute more money toward borrower closing costs, necessary repairs, escrow accounts, furniture, or other permissible transaction expenses under the program. This change is intended to help buyers keep more of their own funds for future investments, home improvements, or purchases.
Protections against improper cash back preserved
The Agency reiterated that lenders must follow Consumer Financial Protection Bureau rules and that RHS regulations prohibit applicants from receiving cash back at closing beyond out‑of‑pocket costs. Lenders must also set fees that are reasonable and customary and comply with CFPB point and fee limits.
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