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agent didn’t have me sign an agreement prior to showing ?
My agent did not have us sign an agreement prior to showing us houses. We found a house and verbally made an offer. When he wrote up the offer he didn’t tell us that the selling agent had agreed to a 4% commission. He sent us the contract electronically with 1% of closing over the price we verbally agreed on and told us we would get the money back at closing. Not true. Are we stuck paying his fee now ?
Asked By Robert Nichols | Pass Christian, MS | 1260 views | Buying | Created 5 months ago
Answer(10)
Jason Craig
Coldwell Banker
I'm not a lawyer, but here's how commissions usually work. Buyer's agents are typically paid out of the commission that the seller offers through the listing broker. You only become personally responsible for paying an agent if you sign a **buyer‑broker agreement** that spells out a retainer or success fee. In fact, many buyer agency contracts are exclusive and last for a set term (often around 90 days), and they specify exactly how the agent will be compensated.
In your case it sounds like you never signed a buyer‑agent agreement before touring homes. If you don't have a written contract obligating you to pay, then you're generally **not required to pay your agent's commission out of pocket**. That fee should come from the commission offered by the listing broker, and it should have been disclosed to you before the offer was written. If the agent inserted a 1% fee into the contract without your consent, you have every right to push back.
Reach out to the agent's **broker in charge** and explain what happened. Brokers oversee their agents and can remove or reduce a commission clause that wasn't agreed to. If you did sign an offer or buyer‑broker agreement with a commission clause, the broker may be able to release you from it. Under the new rules rolled out in 2024‑2025, buyer‑agent compensation must be negotiated and put in writing before any showings, so there should be no surprises.
If the broker will not resolve the issue, consult a real‑estate attorney or file a complaint with your state real estate commission. Going forward, insist on reviewing and signing a written buyer‑representation agreement that clearly states how your agent will be paid before you look at homes, so there are no misunderstandings.
In your case it sounds like you never signed a buyer‑agent agreement before touring homes. If you don't have a written contract obligating you to pay, then you're generally **not required to pay your agent's commission out of pocket**. That fee should come from the commission offered by the listing broker, and it should have been disclosed to you before the offer was written. If the agent inserted a 1% fee into the contract without your consent, you have every right to push back.
Reach out to the agent's **broker in charge** and explain what happened. Brokers oversee their agents and can remove or reduce a commission clause that wasn't agreed to. If you did sign an offer or buyer‑broker agreement with a commission clause, the broker may be able to release you from it. Under the new rules rolled out in 2024‑2025, buyer‑agent compensation must be negotiated and put in writing before any showings, so there should be no surprises.
If the broker will not resolve the issue, consult a real‑estate attorney or file a complaint with your state real estate commission. Going forward, insist on reviewing and signing a written buyer‑representation agreement that clearly states how your agent will be paid before you look at homes, so there are no misunderstandings.
- 1 week ago
Helpful (1)
Unhelpful (0)
Amanda Courtney
REP Realty Group
That is okay. In Florida, some agents show homes first to build rapport. Before making offers, your agent should present a buyer’s broker agreement outlining representation and compensation terms.
- 3 weeks ago
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Julianne Clark | Your Lowcountry Compass
Charter One Realty
Before you get involved with a real estate lawyer and their expense -- contact "your agents" broker in charge and explain the situation. A resolution may be easier than it appears. The broker in charge is responsible for the agent and will help resolve your concerns.
- 4 months ago
- Helpful (0)
- Unhelpful (1)
Irina Riley
Silvercreek Realty Group
Hi,
I am sorry that you are in this situation right now. I strongly suggest to consult with a real estate lawyer. He/she will guide you through the process and answer your questions. Good luck!
I am sorry that you are in this situation right now. I strongly suggest to consult with a real estate lawyer. He/she will guide you through the process and answer your questions. Good luck!
- 4 months ago
- Helpful (0)
- Unhelpful (1)
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