Q: I am buying my first home, and before showing me anything, my agent had me sign an agreement to pay her 3 percent. The house I want is not offering to cover my agent, and I am already stretched thin with the down payment and closing costs. Do I really have to pay my agent that 3 percent out of my own pocket? — Danielle
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A: Buying your first home is stressful enough without a surprise like this. In most cases, you will not pay your agent out of pocket. You just need to understand what you signed and make one move before you get attached to a house.
Here is what changed. A national legal settlement that took effect in 2024 rewrote how buyer agents are paid. Now, most buyers sign an agreement up front, before touring homes, that spells out the agent’s fee and makes the buyer responsible for it. That is the form you signed.
At the same time, sellers can no longer advertise on the listing service that they will cover your agent’s fee.
What used to be automatic is now something you negotiate on every deal.
The good news is that the fee did not disappear; it simply moved into the negotiation. Start by including the seller’s payment to your agent in your offer, the same way you would ask the seller to cover part of your closing costs.
In most sales today, the seller still agrees to pay the buyer’s agent because a home that turns away represented buyers often sells for less and sits on the market longer. When the seller covers it, the money comes from their closing proceeds, not from yours.
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Review your agreement with your agent to understand the details. If your agent’s fee is 3 percent of the purchase price and the seller agrees to cover it, you are square. If the seller will only pay 2 percent, you could owe the difference, so you want to know that before you sign the purchase and sale agreement, not after.
If money is tight, talk to your agent about that gap; most will work with you.
One caution, because I’ve seen buyers talk themselves into trouble here. Do not try to skip having your own agent just to dodge the fee. The listing agent works for the seller, not for you. For the largest purchase of your life, you want someone in your corner to help you find the best home, walk you through the process, and push back when the seller tries to play games.
Making sure your agent gets paid through the transaction keeps a sharp, professional focused on protecting you, and it is almost always worth it. Saving a few thousand dollars in commission is a small comfort when a problem nobody flagged costs you far more at or after closing.
None of this should scare you off. Know what you signed, know your number, and set up the transaction by including your agent’s commission in the deal. Handle it that way, and you get real representation without draining the savings you’ll need to decorate and furnish your new home.
Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at [email protected], or go to SunSentinel.com/askpro.
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