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Buyer agency agreements after the NAR settlement

Since the 2024 NAR settlement, buyers generally sign a written agreement with their agent before touring homes. Here is what a buyer agency agreement covers, what to read closely before you sign, and how agent compensation works now.

Key takeaways

  • A buyer agency agreement is a written contract between you and your buyer's agent.
  • Since the 2024 NAR settlement rules, buyers generally sign one before touring homes with an agent.
  • It spells out the agent's services, how they're paid, how long it lasts and how to end it.
  • Read the compensation and termination terms closely and ask about anything unclear.

Next step: Estimate your monthly payment

What a buyer agency agreement is

It's a written contract that sets out how you and your buyer's agent will work together. It used to be optional in many markets. After the 2024 National Association of REALTORS® settlement, a written agreement is generally needed before an agent tours homes with you.

What's in it

  • The services the agent will provide
  • How much the agent will be paid and who pays
  • How long the agreement lasts
  • Whether it's exclusive or not
  • How either of you can end it

How compensation works now

The agreement states what your agent will earn. A seller may still offer to pay some or all of it, and you can ask for that in your offer. If the seller pays less than the agreed amount, the agreement says whether you would owe the difference, so read that part closely.

Questions to ask your agent

  • What exactly will you do for me, from search to closing?
  • How are you paid, and what happens if the seller offers less?
  • Can I end the agreement if it isn't working out?
  • Does the agreement cover only certain areas or home types?

Exclusive vs. non-exclusive

An exclusive agreement means you work with one agent for a set period. A non-exclusive one may let you work with more than one agent. Know which one you're signing, especially if you've already toured homes with someone else.

If you've already toured with someone

Tell any new agent if you've signed an agreement or toured homes with another agent. Overlapping exclusive agreements can lead to two agents expecting payment on the same purchase. Reading both agreements first helps you avoid that.

Read before you sign

  • Is the length reasonable, and can it be shortened?
  • Is compensation a flat fee or a percentage?
  • What happens if you buy a home you found on your own?
  • How do you end the agreement, and is there a fee?

Buying with CapCenter Realty

Where we offer realty services, you may get a Realty Purchase Credit of up to 0.5% of the purchase price when you buy with a CapCenter REALTOR® (see Offer details). Your agent will walk you through the buyer agreement before you tour.

Frequently asked questions

Do I pay my agent if the seller doesn't?

Possibly. It depends on your agreement. Many agreements say the buyer pays any difference between the agreed amount and what the seller covers, so check that section.

Can I cancel a buyer agency agreement?

Check the termination terms. Many agreements allow either side to end it with written notice, and some include conditions or fees.

Do I need an agreement just to visit an open house?

Usually not. The written agreement generally applies when an agent tours homes with you.

Can I negotiate my agent's compensation?

Yes. Compensation is negotiable, and the agreement is where you set it.

How long does a buyer agreement last?

It varies. Some last a few months, others longer. You can ask for a shorter term before you sign.

Do I need a new agreement for each home?

Usually not. One agreement typically covers your home search for the period it states, though some are written for a specific property.

For general information only. Program rules and limits vary. Not a commitment to lend. NMLS ID #67717.

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