Real Estate Rebate Laws by State

Is cash back on your agent's commission legal where you're buying or selling? Search your state below. 41 states and Washington D.C. allow it — here's the full breakdown.

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How Rebate Laws Actually Work

Real estate commission rebates — a portion of the agent's commission returned to the buyer or seller at closing — are legal under federal law. The U.S. Department of Justice has actively encouraged them as pro-competitive, and HUD has said they're fine as long as they're disclosed to everyone in the transaction. The restriction, where it exists, comes from state real estate licensing law, not federal law.

There's generally no dollar or percentage cap. In the 41 states (plus D.C.) where rebates are allowed, the amount is simply whatever the brokerage chooses to offer — there's no state-mandated ceiling. Welcome Home Referrals offers 15%, which is higher than most national competitors. The handful of exceptions are about whether a rebate is allowed at all, not how big it can be.

Where cash back doesn't work

Eight states currently prohibit commission rebates outright: Alabama, Alaska, Kansas, Mississippi, Missouri, Oklahoma, Oregon, and Tennessee. Iowa is a special case — rebates are restricted to transactions involving a single licensee, so they're not broadly available there either.

A correction worth knowing about

Louisiana is often still listed online as a no-rebate state. That's outdated — a 2021 opinion from the Louisiana Attorney General found that state law does not actually prohibit consumer commission rebates. We've reflected that correction here, with a note on the Louisiana entry above.

Not legal advice. This page is compiled from public regulatory and industry sources for general information, and is re-checked on a monthly schedule to catch law changes. Published lists on this topic don't always agree with each other, and state rules can change. Before relying on this for an actual transaction, confirm your state's current rule with your matched agent or a licensed professional.

See What You'd Get Back

If your state allows it, Welcome Home Referrals gets you 15% of your agent's commission back at closing — free to use, no catch.

Check My Rebate — Free