If you've started shopping for a home lately, you've probably run into a new form before an agent will even show you a listing. That form is part of the fallout from the 2024 NAR settlement, and it has buyers asking a simple question: do you need a real estate agent to buy a house at all?
Here's the short answer. In almost every state, no law requires it. There's one narrow exception involving certain foreclosed government-owned homes, covered below. But even with that freedom to go it alone, most buyers still choose to work with an agent. Recent data from the National Association of Realtors puts buyer agent usage at around 86 to 87 percent.
This article covers what a buyer's agent does, what changed after the settlement, who pays the commission now, and how to weigh the pros and cons for your situation.
What Does a Buyer's Agent Do?
A good buyer's agent does far more than open doors at a showing. Their job covers the parts of buying that are easy to get wrong.
Market access. Agents have full access to the Multiple Listing Service, or MLS, which lists nearly every home for sale in an area. They often hear about homes before they hit the market, sometimes called pocket listings. Without an agent, you're limited to public sites, which don't show every available property.
Pricing guidance. An agent can run a comparative market analysis, or CMA, to show what similar homes nearby have sold for. That helps you avoid overpaying.
Paperwork and legal protection. A purchase contract has a lot of moving pieces: contingencies, deadlines, disclosures, and inspection terms. An experienced agent knows what to watch for.
Negotiation and coordination. Your agent negotiates price and repairs on your behalf, and coordinates with the seller's agent, the lender, the inspector, and the title company.
Is a Real Estate Agent Legally Required to Buy a House?
No state requires a buyer to use a real estate agent. You can write your own offer, negotiate directly with a seller, and close on a home on your own if you choose.
There's one narrow exception. HUD homes, foreclosed properties insured by the Federal Housing Administration, often require offers to be submitted through a licensed agent registered with HUD. Check current rules directly at HUD.gov. Outside that case, an agent is optional everywhere in the country.
A few states also require a real estate attorney at closing, regardless of whether you have an agent. That's separate from agent representation, and it applies in states like New York, Massachusetts, and Georgia.
One quick note on terms: a real estate agent and a Realtor aren't exactly the same. Every Realtor is a licensed agent, but not every agent is a Realtor. A Realtor has also joined the National Association of Realtors and agreed to follow its code of ethics.
How the 2024 NAR Settlement Changed Things
In August 2024, a major settlement changed how buyer's agents get paid and hired. Two changes matter most.
First, buyer agent compensation can no longer be advertised on the MLS. In the past, a seller's listing would openly state the commission offered to a buyer's agent. That's gone now, though compensation still gets negotiated elsewhere.
Second, agents are now required to get a signed written buyer broker agreement before they show you a home. This agreement spells out the agent's duties, the length of the working relationship, and how much they'll be paid. You can read NAR's own summary of the changes at nar.realtor.
Who pays that commission is now fully negotiable. A seller can still offer to cover part or all of the fee as an incentive, but nothing requires it. Buyer's agent commissions today typically run around 2 to 3 percent of the sale price, though this varies by market.
Key takeaway: read that buyer broker agreement closely before you sign it. Ask what happens if you tour a house with one agent and later want to work with someone else, and confirm the exact commission figure in writing.
Pros of Using a Buyer's Agent
Buying a home while working full time or raising a family is a lot. A buyer's agent saves you time by scheduling showings, filtering listings, and handling the back and forth with sellers.
Local expertise matters too. An agent who works a specific neighborhood knows which streets flood, which schools are zoned where, and which listings are overpriced.
Negotiation is another area where experience pays off. A skilled agent has been through dozens of deals and knows how to ask for repairs, push for a price cut after an inspection, or make an offer stand out without overpaying.
There's also the legal protection piece. Contracts include contingencies for financing, inspection, and appraisal. An agent helps keep those protections in place so your earnest money isn't at risk.
When You Might Consider Buying Without an Agent
Skipping an agent can make sense in a few situations.
If you're an experienced buyer or investor who has closed several deals, you may already understand contracts, comps, and negotiation well enough to handle it yourself. Buying from someone you know, like a family member or friend, also lowers the risk since trust is already built in.
Some buyers hire a real estate attorney instead. An attorney can review contracts and handle closing, though they typically won't help you find homes, negotiate price, or run comps.
Since commission is no longer built into most deals automatically, some buyers skip an agent hoping to negotiate a lower price. This can work, but it isn't guaranteed. A seller who isn't paying a buyer's agent commission won't always drop the price by that same amount.
The Risks of Going Without One
Before you decide to skip an agent, look at what you're giving up.
No one is negotiating solely for your interests. If you deal directly with the seller's agent, that agent still represents the seller, not you.
You face a higher chance of overpaying or missing red flags a trained eye would catch. A missed deadline on a financing contingency or an incomplete disclosure form can also put your earnest money in jeopardy. Without MLS access, you may miss off-market listings that never reach public home search sites.
There's also a conflict of interest risk called dual agency, where one agent represents both the buyer and seller. Some states restrict this practice because it's hard for one person to fully advocate for two sides at once. Without your own agent, no one is checking that the listing agent treats you fairly.
The Consumer Financial Protection Bureau has useful guidance on protecting yourself financially during a home purchase. Find their resources at consumerfinance.gov.
Frequently Asked Questions
Do you legally need a real estate agent to buy a house?
No. No state requires it, with a narrow exception for certain HUD-owned foreclosure homes that require a registered agent to submit offers. You can negotiate, write an offer, and close on your own in most cases.
Who pays the buyer's agent commission after the NAR settlement?
That's now fully negotiable between the buyer and their agent. Buyers sign a written buyer broker agreement upfront that spells out the fee, and the seller may or may not agree to cover part of it.
Can I still get the seller to pay my agent's commission?
Yes, this still happens often. Sellers can offer buyer-agent compensation to attract more offers, but it's no longer automatic or listed on the MLS the way it used to be.
What is a buyer broker agreement and do I have to sign one?
It's a written contract between you and your agent that outlines their duties, how long you'll work together, and their commission. Since August 2024, agents must have you sign one before showing you homes.
Is it cheaper to buy a house without a realtor?
Not always. Some sellers won't lower their price just because you skip a buyer's agent, and going without one raises the risk of costly mistakes like a missed inspection or a paperwork error.
What's the difference between a real estate agent and a Realtor?
A real estate agent is anyone licensed to help buy and sell property. A Realtor is a licensed agent who has joined the National Association of Realtors and agreed to its code of ethics.
Can I buy a foreclosed or HUD home without an agent?
Usually not directly. HUD homes typically require offers to be submitted through a licensed agent registered with HUD, so this is one case where representation is effectively required.
What happens if I don't have a real estate attorney and skip an agent?
You take on both roles yourself, catching contract issues and deadlines with no professional backup. In states that require an attorney at closing regardless, you'll still need one even without an agent.
Is now a good time to buy a house without an agent given the commission changes?
It depends on your experience with paperwork and negotiation. The new rules make agent fees more transparent, which makes it easier to compare the cost of hiring one against handling it yourself.
How do I find a good buyer's agent after the NAR settlement rules?
Ask friends and family for referrals, check reviews, and interview a few agents before signing a buyer broker agreement. Ask directly about their commission rate and what services they provide for that fee. See our post on What Are the Requirements to Buy a House to see how mortgage preapproval and agent selection fit together. Ready to talk to someone who knows your local market inside and out? Connect with a vetted local buyer's agent today for a free, no-obligation consultation. You'll get a clear answer on commission upfront and someone in your corner from the first showing to closing day.
How to Decide: Real Estate Agent or DIY?
Ask yourself a few honest questions. Have you bought a home before? Do you understand contingencies, comps, and closing costs well enough to review documents yourself? Do you have time to research listings, schedule showings, and handle negotiations?
If you answered no to most of those, an agent is probably worth it. A skilled negotiator can often save you more on the purchase price than their commission costs, especially in a competitive market.
If you want representation, vet the agent before you sign a buyer broker agreement. Ask about their experience in your target neighborhood and exactly what commission they're asking for. Get that number in writing.
Our guide on How to Find a Real Estate Agent walks through how to interview agents and spot a good fit before you commit.
Once you've decided on your approach, line up the rest of your homebuying steps. Our post on the First Step to Buying a House covers where to start, including getting your mortgage preapproval in place before you tour a single home.
A friend of mine bought her first condo a few years back and figured she'd save money by skipping an agent since she'd found the listing herself. She waived the inspection to make her offer more competitive, then moved in to find a slow leak under the kitchen sink that had been rotting the cabinet floor for months. A buyer's agent would have pushed hard for that inspection contingency, and the repair cost more than a typical commission would have.
