Choosing a buyer’s agent
Interview Your Buyer’s Agent Before You Hire One
Twelve questions, a scorecard for up to three agents, and plain guides to the agreement you will be asked to sign.
A buyer’s agent is someone you hire, so it makes sense to interview more than one. Ask how they are paid, whom they represent and how they have handled deals that nearly fell apart. A good local real estate agent will be glad you asked and will answer in plain terms.
Since August 2024, agents who use a Multiple Listing Service need a written agreement with you before you tour homes together. The pay in it must be a clear amount or rate, and it is negotiable. Read it, ask questions, and look the agent up with your state’s licensing office before you sign.
The case files
Twelve Guides, Filed in Three Drawers
Start with choosing an agent, then read up on the agreement, then what good help looks like once you are house hunting.
Interview scorecard
Ask Every Agent the Same Twelve Questions
Type the agents’ names, then mark each answer: a check for clear and specific, a question mark if unsure, a cross if it worried you.
Experience
How many buyers have you represented recently, and in which neighborhoods and price range?
Specific numbers and areas close to where you are looking.Can I speak with two recent buyers you worked with?
Offers names without hesitation.What do you know about these neighborhoods that a listing site would not show me?
Particular streets, common inspection issues, how fast homes have been selling.Pay and the agreement
How are you paid, and what exactly will the written agreement say?
A clear amount or rate in writing, not a range or “whatever the seller offers”.How long does the agreement last, and how can either of us end it?
A length you are comfortable with and clear exit terms.What happens if the seller offers to pay part of your fee?
Explains it cannot push your agent’s pay above the amount in your agreement.Loyalty
Whom will you represent, and what happens if I want to buy one of your own listings?
Explains the agency rules in your state and that you can say no to dual agency.Do you receive anything from the lenders, inspectors or title companies you recommend?
A straight answer, and more than one name for each.Is your license active, and which broker supervises you?
Gives the license number and the broker’s name so you can check them.How they work
Who will show me homes, and how quickly do you usually reply?
A realistic answer and a named backup when they are busy.Tell me about a deal that nearly fell apart. What did you do?
A specific story in which the buyer’s interests came first.What would you do if the inspection turns up problems or the appraisal comes in low?
Talks about contingency deadlines, asking for repairs or a credit, and renegotiating or walking away.Your marks stay in this browser only. The hints describe what a strong answer usually includes; they are not legal requirements, and rules differ by state. More in Questions to Ask a Buyer’s Agent Before You Sign.
How hiring an agent works
Hiring a Buyer's Agent, Clause by Clause
Five parts of the relationship, set out like the agreement you will be asked to sign, with a note in the margin on what each one means for you.
1. Who the agent works for
A buyer's agent represents you. A listing agent represents the seller and is expected to pass on what you say about your budget. State rules describe each role, and in some states one agent can represent both sides only if both buyer and seller agree. Ask every candidate whom they will represent, and how they would handle it if you wanted to buy one of their own listings.
2. Interview before you sign
Talk to two or three agents. Ask about recent buyers they have helped in your area and price range, call a couple of references, and listen for specific answers rather than general reassurance. The Consumer Financial Protection Bureau also suggests checking your state's licensing agency for any disciplinary action before you choose.
3. The written agreement
Since August 17, 2024, agents who use a Multiple Listing Service must have a written agreement with you before touring homes, in person or live online. It must state the pay as a clear amount or rate, such as a flat fee, a percentage or an hourly rate, and it must say that fees are fully negotiable and not set by law. You do not need one simply to visit an open house on your own or to ask an agent about their services.
4. Who pays the agent
Under the agreement you are responsible for paying your agent as agreed. You can still ask the seller to pay some or all of it, and sellers can offer that outside the listing service or offer concessions such as help with closing costs. The agreement must also stop your agent from receiving more, from any source, than the amount you agreed.
5. Working together to closing
A good agent prepares you for showings, helps you price and write the offer with contingencies that protect you, keeps the inspection and appraisal deadlines in view and walks you through the closing papers. Keep communication in writing, ask questions early and speak up if something does not feel right. If it is not working, read the agreement's terms for changing or ending it.
BuyerAgent
Questions
What Buyers Ask About Buyer's Agents
You askDo I have to sign an agreement before an agent shows me a house?
AnswerIf the agent uses a Multiple Listing Service, yes: since August 17, 2024 a written agreement is required before touring a home, in person or live online. You do not need one to visit an open house on your own or to ask an agent about their services.
You askCan I negotiate the agent's fee?
AnswerYes. Broker fees and commissions are fully negotiable and not set by law. You can also negotiate the services, the length of the agreement and how it can end.
You askCan the agreement say the agent gets whatever the seller offers?
AnswerNo. The pay must be objective, such as $0, a flat fee, a percentage or an hourly rate, and it cannot be open-ended or a range.
You askWill I have to pay my agent out of pocket?
AnswerNot necessarily. You are responsible for paying as the agreement says, but you can ask the seller to cover some or all of it, and sellers can offer concessions such as help with closing costs.
You askWhat is dual agency?
AnswerIt is one agent representing both buyer and seller. Where it is allowed it needs the consent of both, and the agent then may not reveal, for example, that you would pay more than your offer. In Texas the role is called an intermediary and requires each party's written agreement.
You askHow do I check an agent's license?
AnswerUse the free lookup on your state real estate regulator's website. It shows whether the license is active, the supervising broker and, in many states, any discipline. ARELLO also runs national verification and disciplinary databases.
You askCan I get out of a buyer agreement?
AnswerYou and your agent can agree to change it, and many agreements set out how either side can end it. Read those terms before you sign, and ask an attorney if you are unsure.
You askShould my agent choose my inspector and lender?
AnswerRecommendations are fine, but you choose. Ask whether the agent receives anything from the companies they suggest, and compare a few options; buyers who shop for their own providers often save money.