CapCenter

Who pays the buyer’s agent?

How buyer's agents get paid changed after the 2024 real estate settlement rules. Now your written agreement with your agent sets the pay, and sellers can still offer to cover some or all of it. Here is how it works, the ways it can be paid, how loan rules come in and what to ask before you sign.

Key takeaways

  • Your written buyer agreement sets how much your agent is paid.
  • Sellers can still offer to pay your agent, or you can ask for it in your offer.
  • If the seller doesn't pay, you may owe the difference at closing.
  • Loan programs can limit what a seller pays on your behalf, so plan with your loan consultant.

Next step: Estimate your monthly payment

What changed

Since the 2024 settlement rules, buyers generally need a written agreement with their agent before touring homes together. That agreement spells out what your agent will be paid and how.

Offers of buyer agent pay are no longer posted on the main listing services. Sellers can still offer it, and you can still ask for it, but the terms are now more visible and more negotiable.

Ways your agent can be paid

  • The seller pays, as offered in the listing or negotiated in your offer
  • You pay at closing, from your own funds
  • A split: the seller covers part and you cover the rest

Asking the seller to pay

You can ask the seller to pay some or all of your agent's fee in your offer. Some sellers agree to keep the deal moving, especially in a slower market.

Your agent can help you weigh the request against the rest of your offer, like price and contingencies. A large request can make an offer less attractive in a competitive market.

How loan rules come in

Some loan programs limit how much a seller can pay toward a buyer's costs. Whether a seller-paid agent fee counts toward those limits depends on the loan program and how the payment is written.

Buyer agent fees generally can't be rolled into your mortgage. If you'll owe some of it yourself, plan for that cash early. Your loan consultant can show you how it affects your cash to close.

Questions to ask before you sign

  • How is your fee set, and is it negotiable?
  • What happens if the seller offers less than the agreement?
  • How long does the agreement last, and how can it end?
  • Does the agreement cover one home, an area or any home I buy?

Buying with CapCenter

When you buy with CapCenter's realty team, you can get the Realty Purchase Credit, up to 0.5% of the purchase price, where we offer realty services (see Offer details).

A CapCenter loan consultant can show you your full cash to close, including any agent fee you may owe, before you make an offer.

Frequently asked questions

Can the buyer agent fee be financed?

Usually not. Buyer agent fees generally can't be added to your loan amount, so plan to cover any part you owe at closing.

Is the agent fee part of my closing costs?

If you or the seller pay it at closing, it shows on your Closing Disclosure. Ask your loan consultant how it affects your cash to close.

Do I have to sign an agreement before touring homes?

Generally, yes, under the 2024 settlement rules. The agreement sets your agent's pay and the terms of working together.

Can I negotiate my agent's fee?

Yes. Agent fees are negotiable. Talk about the fee and the services included before you sign.

What if the seller won't pay my agent?

You may owe the difference under your buyer agreement. You can also adjust your offer, like asking for a lower price, to make up for it.

Do seller concessions count against loan limits?

They can. Loan programs limit seller contributions toward buyer costs. Your loan consultant can tell you how a seller-paid agent fee would be treated on your loan.

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

Get Pre-Approved

Capping costs since 1997.