Ask Nanci
Do I have to sign a buyer broker agreement before touring homes?
Short Answer
Yes, under the current rules, you sign a written buyer agreement before a real estate agent tours homes with you. The practice change took effect in 2024, when buyer agent compensation stopped being published in the MLS. The agreement states what your agent will do, how they get paid, and who pays it, and it is negotiable before you sign. It protects both sides, and you should read it and ask questions.
General information, not legal or financial advice.
Why the rule exists
After the industry settlement in 2024, buyer agent compensation is no longer advertised in the MLS as part of the seller's listing. That removed the old system where the buyer's agent's pay was set by the listing agent and baked into the seller's side of the deal.
In its place, buyers and their agents agree in writing on compensation before touring homes. The written agreement makes the arrangement clear and protects you from surprises about how your agent is paid.
What the agreement includes
A buyer broker agreement typically states how long it covers, whether it is exclusive to one agent, what services your agent provides, and how their compensation is calculated and paid.
It should also say who pays that compensation: you, the seller, or a combination. If the seller agrees to pay it, often through a concession in the offer, you may not pay it directly at all.
How compensation works now
Compensation is a negotiation between you and your agent, and it is fully negotiable before you sign. The seller can still agree to pay the buyer's agent, and many sellers do, but it is no longer automatic.
Because the amount is agreed up front, there are no surprises later. Ask your agent to walk you through the exact figure and what happens if the seller does not cover it.
What to watch for
Read the term, the exclusivity clause, and the compensation section carefully. Understand how you can end the agreement if the relationship is not working, and whether any fee applies.
A good agent wants you to feel comfortable with the document. If anything feels unclear or rushed, slow down. The agreement should protect you, not pressure you.
How Nanci can assist
I explain the buyer agreement line by line, in English or Spanish, before you sign anything. My goal is for you to understand exactly what representation means and what it costs, with no fine print surprises.
This is general information, not legal advice. If you have questions about a specific clause, an attorney can review it with you.
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