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CA Buyer Rep Agreement? Buyer agrees to pay the commission?

Buyer HAS to sign the Buyer Rep Agreement AND PAY the Broker's fee before we even see the house or really know if we like the agent?

Asked by Linda | Redding, CA| 04-28-2025| 1,859 views|Buying|Updated 1 year ago

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Diya SarinReal Estate Agent3 weeks ago

Hey Linda! Not exactly. The Buyer Representation Agreement must be signed before the agent begins providing services like touring homes, but that does not mean the buyer has to pay the broker’s fee upfront before seeing a property. The agreement explains the compensation, when it becomes due, and whether the seller may contribute toward it. Buyers should have the opportunity to review the terms, ask questions, and understand the fee before signing. If you're a buyer, let’s talk first about your goals, the homes you’re looking for, and how representation works so you know exactly what you’re agreeing to before we start touring. Diya Sarin | DRE 02095684 📞 818.799.7230 📧 [email protected] 🌐 diyasellsla.com IG: diyasellsla

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Zoltan PeresztegiReal Estate Agent2 months ago

Great question, and you are not the only one losing sleep over this line. Signing a buyer representation agreement does not mean you are automatically writing a check to your agent out of pocket. Let me walk you through what it actually does. Two things changed the game. The NAR settlement rules kicked in back in August 2024, and here in California a state law now requires that any agent working with you as a buyer has a signed written agreement in place before they write your offer. In California that form is the C.A.R. Buyer Representation and Broker Compensation Agreement, the BRBC. It spells out three things: how long you and your agent are working together, whether it is exclusive, and the most your agent can be paid. Here is the part that matters for your worry. The number in that agreement is a ceiling, not a guaranteed bill you owe. You can still ask the seller to cover it. When we write your offer, we include a term asking the seller to pay your agent, and plenty of sellers still say yes, especially in this market. If the seller agrees to pay the full amount, you owe nothing extra. If the seller only offers part of it, you would cover the gap, and that gets put in front of you in writing before you are locked in, so there are no surprises at the closing table. A few practical moves. The rate and the length are both negotiable, so if you are nervous, ask for a shorter term or even an agreement tied to just one property while you get comfortable. And ask your agent to walk you through exactly what happens in three scenarios: seller pays the full amount, seller pays part, seller pays nothing. A good agent will do that without blinking. One honest caveat: I am a real estate professional, not an attorney, so for the exact contract language have your agent or a real estate attorney read the form with you line by line before you sign. I am Zoltan Peresztegi, a Realtor working the Palos Verdes Peninsula and the South Bay in Los Angeles County. If you are here in the South Bay or greater LA, I am happy to sit down and go through the BRBC with you so it actually makes sense. If you are elsewhere in California or out of state, I can connect you with a trusted agent in my network who will do the same. Zoltan

Juan PicosReal Estate Agent3 months ago

In **California**, buyers generally must sign a buyer representation agreement before an agent provides certain services such as private home showings. However, **signing the agreement does not automatically mean you will have to pay the agent out of pocket**. The agreement should clearly state: * How much the agent is to be paid. * Who is expected to pay it (seller, buyer, or a combination). * When payment is due. * The length and scope of the agreement. Before signing, ask: * "If the seller offers compensation, will that cover your fee?" * "Under what circumstances would I owe money out of pocket?" * "Can we limit the agreement to a short time period or specific properties?" Remember, the compensation amount and terms are **negotiable**. You can negotiate the fee, duration, geographic area, and even request a short-term or property-specific agreement. Never sign a buyer representation agreement unless you understand exactly: 1. How much compensation is being promised. 2. Who pays it. 3. When you could become responsible for payment. If an agent cannot clearly explain those terms, consider interviewing other agents before committing.

Loodmy JacquesReal Estate Agent5 months ago

In California, buyers are often asked to sign a buyer representation agreement before touring homes, and yes, the agreement may mention buyer broker compensation. But signing it does not automatically mean you’re writing a check out of pocket. In many deals, the seller may still offer compensation to the buyer’s agent, and that can offset or fully cover it. What matters is the fine print. Look at how long the agreement lasts, whether it’s exclusive, how compensation works, and how you can cancel. My advice? Never sign something just because you feel pressured. A good agent should be able to explain it clearly and give you room to decide if the relationship feels right.

Keith Jean PierreReal Estate Agent5 months ago

The lawsuit changed the full operations of how things are done now. The agreement is to protect all parties. Keith Jean-Pierre Managing Principal The Dapper Agents Operations In: NY, NJ, FL & CA

Chris CervantesReal Estate Agent11 months ago
Semi-Pro30 Answers

A Buyer’s Broker Representation Agreement is a contract between you and a real estate agent or broker. It explains that the agent will represent your interests exclusively in your home search and purchase. The agreement usually covers how the agent will help you find homes, handle offers and negotiations, how the agent will be compensated (usually the seller pays the commission), and how long the agreement lasts. The main goal is to protect you and make sure your agent is fully committed to getting you the best deal. You typically don’t pay anything upfront — signing just means you agree to work with the agent. It’s always a good idea to read the agreement carefully and ask questions so you feel comfortable with the terms.

Julia PickslayReal Estate Agent1 year ago
Novice4 Answers

Yes you need to sign a buyer rep agreement to see a home BUT you have so many options. You can sign it for a single day of the showing, or even a single property. You can sign it for just an area or neighborhood. You can also cancel it at any time. This is such a great question. I'm so happy you asked it as you have options. Ask to read it first then you can choose what you want to agree to. If the agent does a good job and you find them qualified and helpful then you can sign a new agreement for up to 3 months. Best of luck to you!

Andrea BallesterosReal Estate Agent1 year ago
Novice7 Answers

You sign an agreement as a commitment for your selected agent to go to work on your behalf. Broker's only get paid on the successful closing of a home. This fee can be negotiated by a seller so it is important to understand the numbers and hire an agent that is skilled in negotiations to get this fee or part of it covered by the seller.

Tatevik HovhannisyanReal Estate Agent1 year ago
Rising Star11 Answers

Totally valid concern! In California, buyers now sign a Buyer Representation Agreement, and yes—it includes language that says you agree to pay the broker's fee. But don’t panic—it doesn’t mean you pay out of pocket. Agents usually try to negotiate that the seller covers it through the MLS or during closing. And no—you don’t have to sign on the spot. Ask questions, meet the agent, and only sign when you're confident they’re the right fit.

Glenda WalshReal Estate Agent1 year ago
Novice3 Answers

You do need to sign the Buyer Broker Agreement and acknowledge that you will pay the buyer's agent commission. However, the buyer's agent commission is still negotiable through the purchase contract. Most sellers are still paying the buyer's agent commission. If the seller doesn't agree to pay, then it is between you and your agent to negotiate how it will be paid.

Vishal SharmaReal Estate Agent1 year ago
Novice4 Answers

You can sign Buyer Rep Agreement for even single property, no money required to pay until close and that is also negotiable.

Debbie SagorinReal Estate Agent1 year ago
Rising Star24 Answers

In August last year, a major lawsuit transformed the USA real estate business. Agents must now have a signed agreement from a buyer before they can show that buyer any homes. And as of January 2025, this has also become the law in California. (This doesn't apply if you're just wandering into an open house.) You know what? The law protects you. The contract can't be for more than 90 days, and you don't pay a cent until escrow closes. The only time the agent sees any money is when they help you land a deal that you're happy with and that results in you actually buying the home. An even better option is to have your agent request that the seller cover the cost of your agent's commission. If the seller refuses, you have the right to back out of the deal. However most sellers are willing to negotiate this point, especially in today's market. You can ask for a short agreement if you're not sure. Maybe a week, to test things out and to see if you like what the agent does. If you feel it's a good fit, extend it for up to 90 days.

Raquel Penas FernandezReal Estate Agent1 year ago
Rising Star14 Answers

The law changed August 13th 2024 and the Buyer Broker representation Agreement is now mandatory to be signed between buyer and buyer's agent before the first showing takes place. There is no money required at the time of signing. Please take a look at the article I wrote explaining the new process. https://coronadotimes.com/news/2024/08/11/real-estate-understanding-the-new-real-estate-commission-rules/

Chad Basinger REALTOR CPA CFP CRS ABRReal Estate Agent1 year ago
Novice3 Answers

Hi Linda, Please email me at [email protected] and I will reply with a very insightful, one page consumer guide to buyer broker agreements put out by the National Association of REALTORS. Of course, I am always happy to chat with you on the phone so I can answer any of your questions. I can be reached at 858-997-3704.

Mohamed HassanReal Estate Agent1 year ago
Rising Star12 Answers

Has to sign but not pay a penny until the successful transaction takes place! You do have to agree on the amount, that is typically a percentage or a flat fee that is totally negotiable. If you dont close you dont pay. Hopefully this makes sense. And if you find out you dont like the agent after you sign up, you can ask for cancellation.

Carolyn TrieboldReal Estate Agent1 year ago
Novice1 Answer

Hi Linda - You will be asked to sign an agreement prior to showing a home, BUT the details are negotiable, so is the fee. That fee is a negotiated rate between you and your agent that is typically NOT due until you close on home. Most good agents can negotiate that the seller contribute to all or a portion of that fee at closing. Best of luck to you!

Robert MacLeanReal Estate Agent1 year ago
Novice4 Answers

No. You can sign a buyer agreement for any period of time less than 90 days. It can also be for a specific house or houses. You do not need to pay a Brokers fee prior to the close of escrow. There is also a box to check to have the seller pay the fee.

Iva PearceReal Estate Agent1 year ago
Novice2 Answers

Hi Linda, Buyer will sign the Exclusive Buyer Broker Representation Agreement before the showings, correct. The rest of the details are in the agreement and can be negotiated.

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