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Question: Are buyers now required to pay the buyer’s agent commission?
Answer: Most people have heard at least a little about the sweeping, nationwide changes to how compensation is offered/paid to buyer agents in residential real estate transactions that took effect in mid-August. If you’d like a catch-up, you can read my article on it from July.
Are Buyers Required to Pay Agent Commission?
I have heard a lot of confusion over the last few months on what these changes actually mean for buyers and sellers. Many came away from reading/hearing whatever news they follow, understanding that buyers are now required to pay buyer agent compensation, but that is not accurate.
Here’s what you need to understand: Buyers are responsible for their agent’s compensation, but they are not required to pay it out of pocket.
What Does it Mean for Buyers to Be Responsible?
Prior to the new rules/laws, buyers didn’t hold much responsibility when it came to their agent’s compensation because in most cases (like 99% +) buyer agent commission was set when the seller signed a listing agreement with their agent and became enforceable when the home was entered into the MLS for mass marketing. So most buyers thought little about their agent’s compensation and rarely had to come out of pocket for it (the DOJ hated this).
The new rules require that the Representation Agreement between a buyer and their agent include a clear and specific amount of compensation the agent will earn. In other words, it must be a specific percentage or dollar amount, it cannot be vague (e.g. “as negotiated with the seller”) or broad (X%-Y%). This means that, through the Representation Agreement, buyers are responsible for ensuring their agent is paid the agreed-upon amount.









