Starting this month ALL home buyers will be required to sign a Byer Representation Agreement with their agent. This is a nation-wide legal requirement. YES, it applies even if you contact the listing agent directly; you will have to sign a Buyer Rep Agreement with her/him because you will be represented by that person as the buyer’s agent. YES, it applies if your agent is doing a virtual tour/FaceTime tour and you’re not there in person. YES, it applies if you want to buy new construction. YES, it applies in any and all cases where you will be working with a real estate agent in order to purchase a home. NO, you do not need to sign one to visit an open house but if you’d like more information from the agent hosting the open house you will most likely be asked to sign one.

What is a Buyer Representation Agreement?

A Buyer Rep Agreement will vary from brokerage to brokerage but essentially, it should list, among other things, the parties (the agent and buyer), the specific property or general location of the home search, the duration of the agreement, and the commission the buyer’s agent is charging. If the seller or listing brokerage isn’t offering the amount of commission the buyer’s agent requires, the buyer will be responsible for paying the difference agreed to on the Buyer Rep Agreement. Commissions are and have always been negotiable. Most sellers I’ve encountered are still offering a buyer’s agent commission. If I am working with you as your buyer’s agent I will always try to get the seller or listing brokerage to pay my commission.

Different Experience

If you’ve purchased a home before you may notice this is a different experience from the way you previously purchased property. The Buyer Rep Agreement requirements are in response to a lawsuit that was settled earlier this year by the National Association of Realtors. Some states already required this document but it’s new to Florida. It basically ensures that the real estate professional representing you in your transaction gets paid for that service and that you are represented fairly. Many sellers are still offering buyer’s agents commission. Coldwell Banker has a document stating we can skip homes in our search where sellers are not offering commission or are only offering a certain amount. This is up to you as the buyer to decide whether or not you’d like to see or skip those properties. For more information:
https://www.nar.realtor/the-facts/what-the-nar-settlement-means-for-home-buyers-and-sellers

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