#buyeragent

Originally posted on: David Denenberg Homebuyers in 2026 are entering a market that feels more active again, but the rules around representation have changed. With mortgage rates dipping below 6% and competition still strong in many areas, buyers need to understand that working with an agent is no longer something they can treat casually. Buyer agreements now play a much bigger role, especially after the rule changes that reshaped how buyer-agent compensation is handled. 

At the center of this shift is one major reality: buyers can no longer assume their agent’s compensation is automatically covered the old way. A buyer agreement is a real contract that spells out services, compensation, exclusivity, and when payment may be owed. That means buyers should ask better questions up front, understand whether fees could come out of pocket, and explore whether seller concessions can help offset those costs. 

The smartest approach in 2026 is to treat a buyer agreement like any other serious professional contract. Read it closely. Watch for red flags. Clarify the fee structure. Understand the exit terms. Buyers who go into these conversations informed are better positioned to protect their interests, negotiate intelligently, and avoid surprises later in the process. In a market with tight inventory and ongoing affordability pressure, preparation matters more than ever. 

Key takeaways:

Buyer agreements are now a much more important part of the homebuying process. 

Buyers should not assume their agent’s services are automatically “free.” 

Compensation may depend on the agreement, the seller’s position, and the structure of the deal. 

Buyers need to understand what services are included before signing. 

Important terms include exclusivity, payment triggers, fee structure, and termination rights. 

Seller concessions may still help offset buyer-agent costs in some deals. 

Flat-fee, hourly, and percentage-based compensation structures may all show up in 2026 transactions. 

Red flags include vague payment language, broad exclusivity, and unclear exit options. 

Tight inventory and renewed buyer activity make informed negotiation even more important. 

A well-informed buyer is in a stronger position to protect both budget and flexibility. 

FAQ

What is a buyer agreement? It is a contract between a homebuyer and an agent that defines representation terms, services, compensation, and other key obligations. 

Do buyers have to pay their agent directly now? Sometimes. In some deals, the buyer may need to pay directly, while in others compensation may still be covered through concessions or other negotiated structures. 

What should buyers ask before signing? They should ask what services are included, how compensation is calculated, when payment is due, whether seller concessions can help, and how the agreement can be terminated. 

What are common red flags in buyer agreements? Watch for overly broad exclusivity clauses, unclear payment triggers, and language that could leave the buyer owing fees unexpectedly. 

Why does this matter so much in 2026? Because buyer representation is no longer something many people can take for granted, and inventory remains tight enough that buyers need a smart, prepared strategy. 

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