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The Buyer Agreement Tightrope: What’s Really Working (and What’s Not)

By
Managing Real Estate Broker with SanCastle Realty LLC BK3016950

Hey everyone, let’s talk about the elephant in the room – or maybe the tightrope we're all walking: navigating buyer representation and compensation in this post-settlement world.

Ever since the NAR commission settlement went into effect, it’s felt a bit like walking that tightrope—balancing transparency, managing buyer expectations, and still getting those Buyer Agency Agreements signed without scaring people off.

If you’re like me, your first thought when the changes became official was:
“Okay… how is this actually going to play out with real buyers?”

Spoiler alert: it’s a work in progress.

🎯 My Evolving Approach

Right now, I’m introducing the Buyer Agency Agreement during our initial consultation, before I even show homes. I let buyers know that, under the new rules, I'm legally required to have a signed agreement in place before we tour any properties listed on the MLS.

But I don’t just present it as paperwork—I frame it as our roadmap for working together.

I tell buyers:
“This outlines the commitment on both sides—and it ensures you have someone fully in your corner throughout the process.”

It’s also the moment I explain how I’m compensated, and that while they may technically be responsible for paying my fee, there are several ways we can structure it:

  • Negotiating the commission into the offer as a seller-paid concession
  • Direct payment from the buyer
  • Or some combination of the two, depending on the deal

🗣️ A Real-Life Conversation That Stuck

Not long ago, I sat down with a pair of first-time buyers—smart, excited, but clearly overwhelmed by all the noise out there. Like many, they’d gotten advice from a well-meaning family member who still thought, “the seller always pays the buyer’s agent.”

At the same time, I’ve had sellers come to listing appointments saying, “I heard I don’t have to offer commission to the buyer’s agent anymore, right?”
It's clear the messaging is hitting both sides of the transaction, creating confusion we now need to manage.

So yes—there’s confusion all around.

With my buyers, it took about 15 minutes of clear, calm explanation:

  • What buyer representation really means.
  • The strategy and guidance I bring to protect their interest.
  • And the multiple ways we can approach compensation—including negotiating it into the deal.

They didn’t sign on the spot, and that’s okay. But a couple of days later, they reached out ready to move forward—with trust in place.

🎉 Small win. Big shift.

🧾 The Ground Truth: Sellers Still Pay… Sometimes

Here’s what’s actually happening in most of my deals right now:

  • Buyer agents are submitting offers asking sellers to pay their commission.
  • Most sellers—after some education—are agreeing.

That’s why at my listing appointments, I don’t gloss over this anymore. I address it directly:

“You can decline to offer buyer comp… but odds are, they’re going to ask you to pay it in the offer. Let’s make it easy from the start, attract more serious buyers represented by dedicated agents, and avoid potential renegotiations down the line.”

It’s cleaner, less emotional, and less likely to derail negotiations later.

💡 What I’m Still Figuring Out

Like everyone, I'm constantly refining my approach. Here's the kind of pushback I'm encountering and navigating:

  • “Wait, I have to pay you?”
  • “What’s your commission—and is that negotiable?”
  • “Can we skip this agreement part and just look at houses?”

That’s when your value proposition really needs to shine.

And let’s be real—a lot of buyer’s agents are negotiating their commission now. It’s not always the flat 3%. Some are lowering it to meet buyer expectations, others are bundling in additional value. The key is being transparent, flexible when needed, and focused on delivering results.

But it’s not just on the buyer side...

Sellers are negotiating commission too—either at the listing appointment or when they get an offer that includes a buyer-agent fee request. They’ve heard “you don’t have to pay a buyer’s agent anymore,” and they’re trying to capitalize on it.

That’s why we need to be prepared—with comps, strategy, and a clear case for why buyer-agent compensation is part of getting the deal done smoothly.

🤝 Let’s Pool Our Insights

This shift isn’t going away—and none of us should have to figure it out alone.
Let’s lean into the strength of this community.

🗨️ What’s Working for You?

  • How are you introducing the buyer agreement conversation? Any phrases that land especially well?
  • What kind of resistance are you seeing—and how are you overcoming it?
  • Have you tried different service tiers or flexible compensation options?
  • Beyond the mechanics, what specific value propositions are you finding resonate most when justifying your fee directly to buyers now?
  • What’s a “small win” you’ve had that gave you confidence this new model can work?

👇 Drop your stories, tactics, or even your frustrations in the comments. We’re all learning this in real time—and the more we share, the stronger we get.

John Sansaricq
Broker/Owner – Sancastle Realty
📧 jp@sancastlerealty.com
📞 386-433-3507
🌐 sancastlerealty.com

 

Comments(8)

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Gwen Fowler SC Lakes & Mountains 864-710-4518
Gwen Fowler Real Estate, Inc - Walhalla, SC
Gwen Fowler Real Estate, Inc.

This hits home. I’ve been navigating the same learning curve and agree—it’s all about clear communication early in the process. I’ve found that introducing the Buyer Agency Agreement as a tool that protects the client’s best interest—not just as “required paperwork”—really helps shift the mindset.

Buyers are more receptive when they understand how representation benefits them, especially when we walk them through realistic scenarios where an experienced agent makes all the difference. I also explain compensation in terms of strategy, not just cost—whether that means rolling it into the offer or preparing them for a direct pay model if needed.

Sellers are adjusting too. Many still offer buyer-agent comp, but only after we walk through the pros and cons. Like you, I’ve started addressing it during listing appointments to reduce surprises during negotiations.

 

Thanks for starting this important conversation. These small wins we’re all having add up—and help reinforce the value we bring in a rapidly evolving market

Apr 11, 2025 08:22 AM
John Sansaricq

Hi Gwen,

 

Yes! I couldn’t have said it better myself. Framing the BBA as a client protection tool rather than just a form to sign really does help shift the conversation, and the mindset. I’ve had the same experience: when buyers understand how representation directly benefits them, they feel empowered rather than burdened.

 

I also love what you said about compensation being a strategic conversation, not just a financial one. That’s such an important distinction, and I think more agents need to lean into that language.

 

And you're absolutely right about sellers, too. Once you walk them through how it can affect offer flow and negotiations, most are open to including buyer comp, especially when they see it as a path to a smoother deal.

 

Thanks for sharing this, it really reinforces the fact that we’re all adjusting together, and the more transparent and confident we are, the better results we’re seeing.

 

John

Apr 14, 2025 06:48 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good evening John Sansaricq ,

Well written post and it is all about sitting down and explaining. Clear communication and transparency is the key! We need to be prepared to answer all the questions that are coming our way and have the data to back up our answers! This shift is not going away so we better get use to it and figure out our talking points!

Apr 11, 2025 02:39 PM
John Sansaricq

Hi Dorie,

Thank you! And I couldn’t agree more. Clear, confident communication is everything right now. Buyers (and sellers) are full of questions, and with so much misinformation floating around, it really comes down to how well we educate, explain, and back it up with real data. You're spot on, this shift isn’t going away anytime soon, so the better we refine our talking points now, the smoother things will go moving forward.

 

Appreciate you taking the time to share, and love seeing how agents across the country are adapting with purpose and professionalism!

 

John

Apr 14, 2025 06:39 AM
Kathy Streib
Cypress, TX
Retired Home Stager/Redesign

Hi John- well done!  I remember reading all the posts when this issue first emerged. It can't be easy but doesn't have to be that hard. I think the more you prepare yourself for questions and practice how you can show your worth, the better. And yes, nip it in the bud and get the issue out in the open. Well done. 

Apr 11, 2025 07:41 PM
John Sansaricq

Hi Kathy,

Thank you so much, I really appreciate the kind words and the encouragement! You’re absolutely right. It doesn’t have to be that hard if we’re prepared and confident in the value we bring. I’ve found that having a few key talking points ready (and even rehearsed!) makes those early conversations with buyers much smoother.

 

And yes, getting ahead of the issue is always better than trying to untangle confusion mid-deal. It’s definitely a learning curve, but I’m finding that clarity builds trust, and that’s what keeps people moving forward.

Thanks again for taking the time to comment, it means a lot!

 

John

Apr 14, 2025 06:37 AM
Kathy Streib
Cypress, TX
Retired Home Stager/Redesign

Apr 12, 2025 06:49 PM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hello John - tightropes and elephants roaming about combined with some real estate discussions can quickly turn into a three-ring circus.   Establishing upfront expectations can make a difference in realty and everyday life.  

Apr 13, 2025 05:20 AM
John Sansaricq

Hi Michael,

I love that, tightropes, elephants, and now a three-ring circus! You’re spot on though, between shifting rules, client confusion, and commission conversations, it really can feel like a full-blown production some days.

 

But yes, I agree 100%, upfront expectations are everything. Whether it’s in real estate or just daily life, setting the tone early can save so many misunderstandings (and headaches) later. It helps everyone stay focused, grounded, and ideally out of the center ring.

Thanks for adding to the conversation—your comment made me smile!

 

John

Apr 14, 2025 06:34 AM
Kathleen Daniels, Probate & Trust Real Estate Svcs.
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Hello John,  I am happy to report that I stopped working with Buyers years ago, before the BS lawsuit and subsequent NAR settlement.  

As for Sellers - it is all about clear communication and educating them on what to expect.  

 

Apr 13, 2025 08:17 AM
John Sansaricq

Hi Kathleen,

Totally get where you’re coming from, and honestly, I lean toward working with sellers too, mainly because of the time commitment involved with showing homes to buyers. It can be incredibly rewarding, but also incredibly time-consuming.

Over the years I’ve learned to adapt based on the market. Sometimes buyers are more active, sometimes it’s sellers—and in today’s climate, it’s often about staying flexible and being ready to meet the needs of the moment.

But regardless of who I’m working with, I agree with you 100%—clear communication and upfront education are everything. It makes the entire transaction smoother and way more enjoyable for everyone involved.

Thanks for chiming in—I appreciate your perspective!

 

John

Apr 14, 2025 06:31 AM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 Hi, John Sansaricq 

   Elephants and Tightropes, indeed!  

    Some questions that arise:

              Required to sign a BBA before showing MLS Listings.   What about Real Estate Brokers who are NOT members of NAR?  Are they required to have a signed BBA?  If "Yes", then by whom?  By DBPR or FREC?  By some Florida Statute?   By some Federal DOJ or Federal Judge ruling?  

             Fiduciary:   Are you using "Single Agent Notice" with your Buyers (as opposed to Transaction Brokerage)?   

         Some Buyer Brokerage Agreements do not include the statutory "Single Agent Notice".  Those forms set up a Transaction Broker Relationship - the Buyer is obligated to pay a commission to the Broker, but the Buyer does not get "someone fully in their corner throughout the process".

   BTW, off topic:  my late Uncle and Aunt lived in Palm Coast.   They loved it there!

Apr 13, 2025 10:25 AM
John Sansaricq

Hi Fred,

Appreciate you weighing in—elephants and tightropes indeed!

You brought up some great questions. As a Florida broker operating within NAR and MLS frameworks, here's how I see it:

Yes, the BBA requirement stems from the NAR settlement, and applies to REALTORS® and MLS participants. It’s not currently a Florida statute or FREC mandate (at least not yet), but it's becoming the standard for showing MLS listings in markets governed by those systems.

On the agency side, I typically operate under transaction brokerage, as do many Florida agents. While it doesn’t carry the same fiduciary obligations as single agency, I still aim to represent my buyers with the highest level of integrity, transparency, and advocacy—regardless of the formal designation.

I’ve found most buyers just want to feel protected and guided, and for me, that means giving them full attention, market insight, and strong  support—even without the single agent label.

You're absolutely right though, some BBA forms default to transaction brokerage, and it’s on us as professionals to clearly explain what that means in terms of service and loyalty.

Would love to hear how you’re approaching it—are buyers in your market asking more questions about agency types, or is it still under the radar for most?

Thanks again for sparking the conversation.

BTW, I love living in Palm Coast.

– John

Apr 14, 2025 06:26 AM
DaCyn Walsh
LoKation Real Estate - Bailey, CO
Mountain & Horse Properties—Happy Trails Await!

Hi John!

I love that you put this out there for discussion. As a newer agent, my career started after the BBA was established- so I do not have the frustration of navigating new waters in terms of policies that have been changed during the duration of my career. However, as my first buyer consult is approaching it is invaluable to hear the advice experienced agents are giving on this thread in regards to presenting this information and how to use it as a tool for client protection as opposed to just a 'contract' to sign that presents an additional cost. I really appreciate the approach you took to educating through discussion, thank you!

Apr 14, 2025 07:43 AM