Real estate agents in the US: what they do and how to check one

In short

A real estate agent helps you find a home, make an offer and get to closing. Agents and brokers are licensed by the states, and Payotte's state-by-state data finds a license required in all 50 states. To check one, use your state's licensing agency, which the CFPB says can also show disciplinary actions on the agent's record.

What an agent does in a purchase

An agent shows you homes, helps you write and negotiate the offer, and coordinates the steps until closing: inspection, appraisal, financing deadlines. The CFPB says agents "can represent the buyer or the seller, and sometimes both", and that "state laws can require your real estate agent to tell you who they are representing and under what terms". Ask early how the agent or brokerage would handle a home whose seller it also represents, and how the agent is paid.

Since August 17, 2024, an agent who belongs to a multiple listing service must sign a written agreement with you before touring a home, stating what they will be paid. That is a rule of the NAR settlement, not a federal law; it is explained in buyer agreements after the 2024 NAR settlement.

Who regulates agents

The states. Each one has a real estate commission or department that issues the license, sets the education and exam, and disciplines licensees; the titles differ (salesperson, sales agent, broker, associate broker). Federal law reaches agents in one place that matters to buyers: the Real Estate Settlement Procedures Act bars anyone from giving or accepting "any fee, kickback, or thing of value" for referring settlement business on a federally related mortgage loan (12 U.S.C. § 2607(a)). An agent may suggest a lender, an inspector or a title company, but may not be paid by them for the referral.

How to check an agent yourself

Ask the agent for their full licensed name and license number, then look them up on the state's own search page, linked from each state page below. The CFPB's advice is to check "your state's licensing agency (sometimes called the Department of Real Estate)" for disciplinary actions, and to ask the agent for references. Payotte links to each official search; it does not check agents for you and does not copy these registers, some of which forbid commercial use of their data.

Where a license is required

Of the 50 states in Payotte's data, 50 require a state license.

Read from each state's statute and regulator pages (last reading October 14, 2026). A state with no license may still protect a title or license a related activity: the state page gives the detail and its sources.

What it costs

No law sets a real estate commission: it is negotiable, and no official source gives a standard percentage, so Payotte gives none. How agents are paid since the 2024 settlement is explained in real estate commission: how agents are paid now.

Real estate agents in each state

Related guides

Real estate commission · Buyer agreements · Selling without an agent · All six professions

Questions

Is there a national real estate license in the US?

Payotte found none. Real estate agents and brokers are licensed by each state, and Payotte's state data finds a license required in all 50 states. The CFPB points buyers to their state's licensing agency to check an agent.

How do I check if a real estate agent is licensed?

Ask for the agent's licensed name and license number and look them up on your state's official license search, which the CFPB says can also show disciplinary actions. Each state page on Payotte links to that search; Payotte does not check agents on your behalf.

Can my agent be paid for sending me to a lender?

Not for the referral itself. RESPA bars giving or accepting any fee, kickback or thing of value for referring settlement business on a federally related mortgage loan (12 U.S.C. § 2607(a)). You are always free to choose your own lender.