Here’s a situation I keep hearing about. A buyer signs paperwork with an agent, looks at houses for a while, finds nothing and drifts away. A month later they call a different agent about a house, or walk into a new construction sales office and sign a contract.

Then the first agent shows up with the agreement the buyer forgot they signed, saying a commission is owed.

We talked about this on the Randal Jenkins Real Estate Hour because I keep seeing these stories from agents in real estate mastermind groups. It’s avoidable.

What changed in August 2024

After the national lawsuits over real estate commissions, the industry changed how buyer agents work. Since August 2024, an agent generally needs a written agreement with you before showing you homes. Commissions are negotiable, and offers of buyer-agent pay no longer appear in the MLS.

The result is that almost every buyer now signs a buyer broker agreement early on. Many sign it quickly and forget about it.

What the agreement covers

A buyer broker agreement spells out the relationship:

• What the agent will do for you
• Their availability for showings
• How long the agreement lasts
• How the agent gets paid, and how much

That last one matters most. These agreements commonly say that if the seller doesn’t pay your agent’s commission, you will.

Here’s how that plays out. Your agent asks the listing agent whether the seller will pay the amount in your agreement. If the answer is no, your agent comes back and asks whether you still want to see the house. That’s a polite way of asking whether you’re prepared to cover it.

Before you sign

Read it. Check the term. If it says you’re working with this agent for a year, you are, whether you’re still talking to them or not.

Ask whether you can cancel. My own buyer agreements are cancelable. Say the word and we’re done. If I haven’t found you a house, I’m not going to hold you to a piece of paper.

Not every agent works that way. Some won’t show homes without a firm commitment, and that’s their choice. You just need to know which kind you’re signing.

Sellers can ask for the same flexibility. My brother Eric’s listing agreements let a seller release him at no cost any time before the home goes pending.

If you want out

Don’t just stop answering the phone and buy through someone else. While the agreement is in force, don’t buy a house without that agent.

Ask the agent to release you, in writing. If they won’t, go to their broker. Explain what’s going on and ask to be let out. The broker may or may not agree, but that conversation is far better than a commission dispute after you’ve already bought a house. If it does turn into a dispute, talk to a real estate attorney.

A buyer broker agreement doesn’t go away just because you forgot about it.

If you’re about to start shopping and want an agreement you can walk away from, call or text me at 727-409-4663. No pressure. Straight answers.

Watch the full episode: Randal Jenkins Real Estate Hour on YouTube

Randal Jenkins
Broker-Owner, Florida Real Estate Partners
Loan Officer, American Mortgage Services, NMLS #2053417
727-409-4663 (409-HOME)